The Hazardous Materials Disclosure Program was established in response to two high profile accidents involving hazardous materials in 1984 and 1985. The program's primary function is to help emergency responders identify, monitor, and assist businesses using or storing hazardous materials, helping to reduce the probability of accidents involving hazardous materials. Having this information helps the City handle emergency incidents more effectively, which will reduce the impact of emergency incidents involving hazardous materials on surrounding business, public safety staff, and the surrounding community. As the City's primary emergency response organization, the Huntington Beach Fire Department manages the Hazardous Materials Disclosure program within the city limits.
Each affected business is required to complete and submit a Hazardous Materials Disclosure package to the Fire Department, and is periodically required to submit updates. The program's staff verifies the accuracy of the information submitted by each business through a periodic inspection program, and gives guidance to businesses on prevention strategies to reduce the potential for hazardous materials incidents. The program is coordinated through a contractual agreement with the Orange County Health Care Agency's Certified Unified Program Agency (CUPA), who invoices and collects disclosure-related fees. At this time there are approximately 500 businesses in the city that are part of the program.
More information on handling hazardous materials, including who is required to file a disclosure statement, can be found in the Frequently Asked Questions section, or by clicking on the appropriate link below:
- General Questions
- Business
- Household Hazardous Waste Disposal (Residential)
The required Hazardous Materials Disclosure Package forms, and examples of completed forms, can be downloaded from the following table:
| Business Activities Page | Word | Example (PDF) | |
| Business Owner/Operator ID Page | Word | Example (PDF) | |
| Hazardous Materials Inventory Page | Word | Examples (3 total) (PDF) Ex. 1, Ex. 2, Ex. 3 |
|
| Business Emergency Plan | Word | Example (PDF) | |
| Business Emergency Plan (shortened version) | Word | NA | |
| Site Map | NA | Example (PDF) | |
| Site Map Symbols | NA | NA | |
| Common Chemicals Reference List | Word | NA | |
| Emergency Planning Basics for Small Businesses | NA | NA |
If you have further questions concerning whether your business is required to participate in the disclosure program, or if you have questions concerning the forms in the disclosure package, you can also call (714) 536-5469 or (714) 536-5676.
Related Fire Department links include:
General and Businesses
What is a hazardous material?
Hazardous materials are materials that can pose a threat to life, health, property, or the environment. Some of the more common hazardous materials are lubricating oils, cleaning agents, fuels, paints, solvents, acids, metal finishing chemicals, fertilizers, and pesticides.
What is a hazardous waste and how does it differ from a hazardous material?
A hazardous waste can be considered a hazardous material that is no longer useful or needed by the owner of the material or anyone else. Hazardous materials can accidentally become hazardous wastes due to contamination, becoming obsolete, exceeding a shelf life, or being abandoned.
How do I properly dispose of hazardous waste?
Both businesses and homeowners are required to handle and properly dispose of hazardous wastes they generate at their facility or residence. Businesses must dispose of their hazardous wastes according to strict local, state, and federal regulations under a strict protocol commonly known a "cradle to grave" responsibility. This requires adhering to proper storage and management regulations, documenting hazardous waste management activities, and ensuring that the waste is properly disposed. Penalties for mismanagement or improper disposal can be severe, including fines and/or civil and criminal prosecution.
Homeowners are not required to follow as strict a protocol, but must still dispose of their household hazardous waste at an approved site. Improper disposal can subject a homeowner to penalties just as severe as those imposed on businesses.
Additional information on hazardous materials and hazardous wastes can be obtained at the following telephone numbers and websites:
(714) 834-4000 Orange County Waste & Recycling (Household Hazardous Waste Disposal information) www.oclandfills.com
(714) 433-6000 Orange County Health Care Agency (Hazardous Waste, Underground Storage Tanks, Above ground Storage Tanks, Cal-ARP Facilities, and On-site treatment systems information) www.ochealthinfo.com
(800)-CLEANUP CalRecycle Recycling Hotline (Solid Waste/Trash and
Recycling) www.calrecycle.ca.gov
www.dtsc.ca.gov California Department of Toxic Substances Control
General Hazardous Waste information
(909) 396-2000 South Coast Air Quality Management District www.aqmd.gov, (800) CUT-SMOG (air quality complaints)
How do I determine if I use any hazardous materials?
In general terms, a hazardous material is any material (solid, liquid or gas) that has the potential to threaten the life, health or safety of any person, the environment, or property. If you manufacture or process a product you probably use some type of hazardous material. If you have a material at your facility that comes with a Material Safety Data Sheet (MSDS) you are probably handling hazardous materials. Also look at the label on the material's container for statements warning you the material is hazardous.
Does the Huntington Beach Fire Department Handle All “CUPA” Programs?
No. The other five “elements” of the CUPA program are handled by the Orange County Health Care Agency. They can be contacted at (714)433-6000. The Fire Department handles the “Business Plan” element since it’s almost identical to the Fire Code’s Hazardous Materials Management Program.
How do Hazardous Materials Differ from Hazardous Wastes?
Hazardous wastes can be considered a ‘subset’ of hazardous materials. They are the hazardous materials that have become contaminated or that you can no longer use. Examples of hazardous wastes are contaminated cleaning solutions, used oils, old paints & varnishes & resin coating materials, spent plating chemicals & their rinsewaters, used filters (oil, chemical, spray booth filters), and obsolete or expired chemicals. There is a proper disposal protocol that must be strictly followed when disposing of hazardous waste. Call 714-536-5469 or the Orange County CUPA at 714-433-6000 for more information on hazardous waste disposal services
When am I required to file a disclosure package? Any business in the City of Huntington Beach which uses, stores, or handles hazardous materials during the year in quantities equal to or greater than the following must file a Hazardous Materials Disclosure package with the City's Fire Department:
- 500 pounds of a solid
- 55 gallons of a liquid
- 1,000 cubic feet of a compressed inert gas (argon, carbon dioxide, helium, nitrogen, neon, krypton)
- 200 cubic feet of any other compressed gas (flammable, toxic, oxidizer, pyrophoric, corrosive, reactive)
- Extremely hazardous material (even as a component in a compounded material) as listed in 40 CFR 355, Appendix A
- Radioactive materials as listed in 10 CFR sections 30, 40, or 70
- Hazardous waste equal to or above the amounts listed above
If you have multiple locations that are not contiguous, you are required to file separate disclosure package for each location. You will also be required to update the disclosure information if your facility has a significant increase or decrease in the quantity or a material, if you add or delete materials, or if your business changes ownership, changes its address, changes its name, or if your business closes. These changes must be reported within 30 days.
Are there any businesses that are exempt from filing a disclosure statement?
Businesses that store hazardous materials only intended for retail sale or distribution (such as auto parts stores, paint stores, retail nurseries, beauty supply operations, and some construction contractor operations), medical offices storing compressed gases in quantities of 1,000 cubic feet or less (2,000 cubic feet each for nitrogen, oxygen, and nitrous oxide), businesses with no more than 275 gallons of lube oils where there are multiple types of oils and none exceed 55 gallons, and businesses having materials considered "in-transit" (on site for less than 30 days) that are not used at the site, are typically not included in the program.
Why does the fire department require this information?
The Huntington Beach Fire Department functions as the "first responder" for any emergency incidents within the City. By having information on the types, quantities, and locations of hazardous materials at your facility, the Fire Department can provide a more coordinated, effective response to an emergency incident. This will help resolve the situation faster and help reduce the amount of damage at your facility, which will help speed recovery of your business so you can resume operations as quickly as possible.
Will the information I provide be verified, and how will that be accomplished?
The Hazardous Materials Disclosure staff verifies the information submitted on the disclosure package through an inspection program. Businesses are inspected anywhere from annually to every three years based on the type and volume of hazardous materials at the facility. Inspections at larger businesses, or those with more complex operations, are usually scheduled in advance. Inspections at smaller businesses, or businesses with limited amounts of hazardous materials, are typically done on a random, unannounced basis. Inspections focus on hazardous materials storage and management practices, but can also involve fire code issues related to these materials, too.
What if I have confidential or trade secret processes at my facility?
Both Federal and State laws and regulations require the release of hazardous materials information for a site whenever we get a written request for such information. We receive requests on a regular basis, with most being for fairly generic purposes such as property sales/transfers, business loans, or site evaluations. If you’re concerned about your operations, please note that all we are required to release is a list of the hazardous materials and facility contact information; we do not release facility diagrams, process flow diagrams, or any other information regarding your facility. Exceptions do exist, such as releasing information to other public regulatory agencies, and to licensed contractors doing underground tank remediation services. If you have any questions about specific information, please contact us at the numbers shown on the start of this web page.
Violation notices are issued for deficiencies found during the inspections, with the intent being placed on having the business owner/manager correct the violation in a timely manner. A completion date will be found at the bottom of the notice at which time the facility will be reinspected to ensure the facility has come back into compliance. If you need more time to resolve any compliance issues, please contact the Hazardous Materials Disclosure Office.
Who signs the Business Activities Page and Business Owner/Operator Identification Page?
The signatory must be a person who has direct responsibly for the business' activities. This typically is a corporate officer or senior management employee who has the authority to allocate resources in the event of an emergency. Even if you have the forms prepared by an outside party, they must be reviewed and signed by an employee or corporate officer.
Where do I find the information needed to complete Hazardous Materials Inventory form?
Most of this information can be found on the material's Material Safety Data Sheet (MSDS) and the labels on product’s container might also have this information. Information for hazardous wastes can be found on the Uniform Hazardous Waste Manifest that is given to you when the waste is picked up by a disposal company.
- Hazardous Materials - The MSDS for the material should list its common name, its chemical components, and CAS numbers on the first page, in the first sections of the MSDS. Actual quantities used at your facility can be estimated from your purchasing records. Be sure to include one Hazardous Materials Inventory form for each material you are required to disclose.
- Hazardous Wastes - Also include a separate Hazardous Materials Inventory form for any hazardous waste accumulated at your facility. For example, include separate forms for fresh oil and waste oil.
- Identifying Extremely Hazardous Materials - In general, if a material you use contains an ingredient listed on the MSDS with a concentration of less than 1%, it is probably an extremely hazardous material or a carcinogen. Further down the MSDS you should find a section entitled 'Toxicological Information' that gives you more detailed information on the materials; this can be compared to the detailed listing of extrememely hazardous materials in 40 CFR 355, Appendix A.
- Trade Secret Information - If you have any hazardous materials that are considered trade secrets we can keep the information confidential for you. Please make sure you check YES in the "Trade Secret" box in the upper right corner of the inventory form for the material of concern. Justification may be needed for a trade secret designation.
Why do I have to create a unique Site Map using the form in the disclosure package?
You don’t need to create a new Site Map if you already have one available. The Site Map form is a standard format that is familiar to emergency response personnel. This allows the emergency response personnel to easily find the information they need in an emergency situation.
How extensive does the Site Map have to be?
Extensive detail is not required. A simple layout of the facility showing the locations where hazardous materials are stored and used, piping systems that transfer hazardous materials, emergency shut-down switches or equipment, utility shut-off locations, local streets, and emergency meeting points are the basic requirements. If your facility has multiple buildings on one contiguous site, or is too large to accurately display on one site map page, multiple site map pages can be used. Make an overall site map to show the entire facility, then use additional site map pages to detail the different areas of the facility. Remember to reference the detail pages on the overall site map. If you need assistance, please call the Hazardous Materials Disclosure staff.
I'm confused about what needs to be included in the Business Emergency Plan (BEP).
The (BEP) section allows you to determine and document what you will do to respond to an incident involving hazardous materials, and gives emergency response personnel a guide to both your response activities and contacts at the facility. It requires you to examine your operation and plan who will do what before an emergency incident occurs. It can also be a valuable tool to consolidate all emergency information into one reference document, and make you aware of the hazards associated with the operations at your facility. An example of a completed BEP can be found above on the Forms Table. The following guidelines are arranged to follow the sections of the BEP form and can usually answer most questions. Further assistance can be obtained by contacting the Hazardous Materials Disclosure staff.
If you have an OSHA-required WIIPP, or a Contingency Plan, you may only need some minor modifications to cover the "BEP" requirements. Since you are required to update the plan when conditions change, a simple review and inclusion of a section on dealing with hazardous materials releases may be all you need to do.
Determine who you will notify in the event of a hazardous materials incident. At a minimum this will generally include the City's Fire Department at (714) 536-5411 or 9-1-1, the State Emergency Management Agency (CalEMA) at (800) 852-7550, and any private emergency spill contractors who can assist in spill mitigation or clean-up. Other agencies that may need to be informed include the South Coast Air Quality Management District, Orange County Health Care Agency, Regional Water Quality Control Board, and the Orange County Sanitation District.
Person Responsible for Calling 911, the City of Huntington Beach, and CalEMA. This is the person who will coordinate activities for the business in the event of a hazardous materials incident. They will be calling 9-1-1, notifying the City's fire department and OES, communicating with emergency response personnel when they arrive on site, and coordinate the necessary follow-up activities with regulatory agencies. Typically this is a person who has been granted significant enough authority to obtain the resources necessary to deal with a "worst-case" hazardous materials incident. Alternate personnel should also be designated in case the primary contact in unavailable.
This should be the local medical clinic and/or hospital your business uses to provide emergency medical treatment to staff members. If possible, contact the hospital ahead of time so they are familiar with your business operations, especially the unique hazardous materials you use at your facility, and any unique medical emergencies that may arise from these materials.
If your business has an emergency response team they should be included in this section. It should include each team members' name, title, and contact number. Additional information, such as off-hours contact information, can also be included. It's a good idea to include any persons not listed on the cover sheet of the BEP. Even if you do not have a response team, we encourage you to include the names and contact numbers of critical persons that emergency response personnel can contact in the event of an emergency at your facility, especially any not listed on the Business Owner/Operator Identification Form.
Prevention activities should include anything done or used to prevent a release of hazardous materials. These can include storage of drums on spill pallets, storage of fluids in tanks with secondary containment, storage of small containers in safety cabinets with containment bottoms, specialized training or handling procedures for hazardous materials, specialized processes for utilizing hazardous materials, inventory control procedures, separation of incompatible materials, installation of monitoring devices, specialized fire suppression systems, regular inspection procedures, and installing warning signs and/or placarding in areas of the facility where hazardous materials are stored.
Mitigation Procedures These procedures should cover actions that will be taken to lessen the harm or damage to persons, property, or the environment once a release of hazardous materials has occurred. This should address immediate responses to any type of foreseeable spills, fires, explosions, or airborne releases of hazardous materials that could occur at your facility due to accidents or by natural occurrences such as an earthquake or flooding. Mitigation can include procedures to contain liquid spills with absorbent material or portable diking followed by clean-up and containment in a drum for waste disposal, equipment shut-down procedures, covering floor or lot drains to prevent runoff from entering the sanitary sewer or storm drain system, availability of specialized fire extinguishers or any automatic fire suppression systems, or air scrubbers to handle a release of hazardous vapors. Include any spill response equipment you may have on site, any automatic fire extinguishing systems, and any equipment shutdown procedures.
This section should describe the procedures used to evacuate your facility in the event of an emergency situation. This includes notification methods used to announce the evacuation (alarms or a public address system), equipment shutdown procedures, designated facility exit routes, designated meeting point (with alternates), responsibilities for performing roll call procedures to assure all personnel have exited the facility, and frequency of evacuation drills.
List any areas or equipment that might need inspection after a hazardous materials incident or earthquake to ensure that the facility is safe to enter. Typical items that would need to be inspected include storage racks, chemical storage areas, compressed gas cylinders, cryogenic cylinders, propane or LPG tanks, open chemical tanks, chemical piping systems, and utility connections (water, gas, electric).
All employees must be trained on implementation of the Business Emergency Plan and their responsibilities during hazardous materials release incidents, and all training activities must be documented. Most businesses already perform hazard communication training, and emergency response training can be performed at the same time. The training should be reasonable and appropriate for the size of the business and the duties of the persons being trained; it can be as minimal as simple evacuation procedures, or specialized training regarding hazardous materials storage and use locations, material handling and safety procedures, and any emergency response/spill control training to prepare for a release or threatened release of unique hazardous materials.