Certified Unified Program Agency (CUPA)

The Hayward Fire Department was designated as the Certified Unified Program Agency (CUPA) for the City of Hayward by the State Secretary for Environmental Protection in 1997. The CUPA consolidates, coordinates, and makes consistent the administrative requirements, permits, inspections, and enforcement activities associated with the regulation of hazardous materials and hazardous wastes in the City of Hayward through various programs.

California Environmental Reporting System (CERS)

Businesses that store or use hazardous materials in the City limits of Hayward are required to submit chemical and facility information on the California Environmental Reporting System (CERS). CERS is a statewide web-based system to support California Unified Program Agencies (CUPAs) and Participating Agencies (PAs) in electronically collecting and reporting various hazardous materials-related data as mandated by the California Health and Safety Code and new 2008 legislation (AB 2286). Under oversight by Cal/EPA, CUPAs implement Unified Program mandates that streamline and provide consistent regulatory activities.

HMBP: Hazardous Materials Business Plan

The Hazardous Materials Business Plan (HMBP) consolidates, under the Hayward Fire Department (a Certified Unified Program Agency or CUPA), the reports required from businesses by state and federal community-right-to-know laws, and the Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) required by the California Fire Code.

Effective January 1, 2013, HMBPs are required to be submitted electronically to the California Environmental Reporting System (CERS). Businesses that store hazardous materials in quantities that meet or exceed reporting limits are required to submit all elements of an HMBP, namely Facility Information, Hazardous Materials Inventory Statement (HMIS), Emergency Response Plan, and Emergency Response Training Plan. The HMBP has to be re-certified for completeness and accuracy every year, or updated and revised as necessary.

In addition to the requirements of CUPA regulations, the City of Hayward Fire Department regulates hazardous materials below State thresholds through the City adopted hazardous materials storage ordinance and the California Fire Code with local amendments that regulates hazardous materials.

Hazardous Waste Generator

A facility in California that generates waste that is toxic, corrosive, ignitable, reactive, or otherwise listed as hazardous waste is subject to strict regulations that govern the storage, handling, transport, treatment and disposal of this waste. A Unified Program Consolidated Permit issued to this facility includes its registration as a hazardous waste generator. Local, state and federal regulations cover hazardous waste from generation to final disposal, or “from cradle to grave.” A hazardous waste generator is also encouraged to minimize and recycle waste. On-site recycling may exempt a facility from some hazardous waste regulations.

Universal Waste

Hazardous wastes that are generated by a wide variety of people are collectively called Universal Wastes. Universal waste rules allow these common, low-hazard wastes to be managed under requirements less stringent than those established for other hazardous wastes. Universal waste is commonly collected by consolidators for transport to authorized recycling facilities. Examples include:

  • Batteries (non-automotive type)
  • Lamps (fluorescent tubes, sodium vapor lamps)
  • Mercury devices (switches, thermostats, thermometers, gauges)
  • Mercury-containing materials (dental amalgam, rubber flooring, novelty items)
  • Non-empty aerosol cans
  • Consumer electronic devices (cell phones, computers)
  • Cathode ray tubes (CRTs, television sets).
  • Photovoltaic cells 

Hazardous Waste Treatment

In California, the authorization of facilities for the treatment, storage and disposal of hazardous waste is done under a Tiered Permitting system:

  1. A Full Permit is granted for activities that require a federal RCRA permit (federal law: Resource Conservation and Recovery Act of 1976);
  2. A Standardized Permit is granted for the treatment of non-RCRA waste generated elsewhere (offsite); and
  3. Treatment of hazardous waste generated onsite is granted under one of three tiers: Permit-By-Rule (PBR); Conditional Authorization (CA); or Conditional Exemption (CE).

The Hazardous Materials Office administers the Tiered Permitting program only for the onsite treatment of non-RCRA hazardous waste, or the PBR, CA, and CE tiers. The Tiered Permitting Flowchart  will help you determine the correct “tier” of an onsite treatment process. The requirements are most stringent for the PBR tier. Onsite recycling which meets certain qualifications may exempt a facility from Tiered Permitting requirements.

Different tiers have different requirements which may include:

  • Annual notification and authorization
  • Environmental assessment
  • Closure plan
  • Certification of financial assurance for closure
  • Recordkeeping
  • Inspections

Underground Storage Tank (UST) Program

The City of Hayward, as a Certified Unified Program Agency (CUPA), fully regulates through the Hazardous Materials Office underground storage tanks (UST) containing hazardous materials, including petroleum products and used oil. Federal, state, and local laws and regulations have very specific requirements for UST systems. The requirements cover:

  • Equipment specifications and installation
  • Permitting
  • Release prevention
  • Release detection
  • Corrosion protection
  • Inspection and repair
  • Record-keeping
  • Owner and operator responsibilities
  • Designated operator
  • Financial responsibility
  • Temporary closure
  • Removal and disposal of the tanks

For removal and disposal of the tanks. A separate Permit to Operate Underground Storage Tank(s) is issued by the Hazardous Materials Office to a UST owner or operator after an inspection has verified compliance with all applicable regulations. This permit is valid only for one year and another verification inspection is required for renewal. For more information see  the California State Water Board UST Program website.

Aboveground Petroleum Storage Act (APSA) Program

State law requires owners or operators of aboveground petroleum storage tanks and/or facilities that exceed threshold capacities or total aggregate quantities of aboveground petroleum storage act (APSA) products to file a storage statement with the Hayward Fire Department's Hazardous Materials Office and to prepare and implement a federal Spill Prevention, Control and Countermeasure (SPCC) Plan. The SPCC plan is designed to prevent discharges of petroleum and petroleum products from reaching navigable waters. The SPCC Plan is either certified by a professional engineer, or self-certified by the tank facility owner/operator if they are a “qualified facility” per Code of Federal Regulations, Title 40, Section 112.3 (g).

APSA regulates a tank facility with an aggregate or cumulative storage capacity of 1,320 gallons or more of petroleum in an aboveground storage tank or storage tanks or containers with a shell capacity of 55 gallons or more. Additionally, a tank facility with a tank in an underground area (TIUGA) is also subject to the requirements to prepare and implement an SPCC Plan under APSA.  Certain APSA tank facilities that meet certain conditions (such as farms, nurseries, logging sites or construction sites) are exempt from having to prepare and implement an SPCC Plan under APSA. The Hazardous Materials Office will verify during an inspection that an SPCC Plan, if required, has been prepared and is being implemented.

Effective January 1, 2008, the Certified Unified Program Agencies (CUPAs) are vested with the responsibility and authority to implement the Aboveground Petroleum Storage Act (APSA). Please visit the Office of the State Fire Marshal website for additional information.


California Accidental Release Prevention (CalARP):

The Hazardous Materials Office administers the CalARP Program in Hayward. The CalARP program aims to reduce the likelihood and impact of accidental releases of regulated toxic and flammable substances. Many of these releases could result in adverse off-site consequences. The program accomplishes these objectives through facility evaluations, administrative and operational procedures, emergency preparedness programs, and facility design requirements.

A facility regulated under the CalARP Program shall file a written Risk Management Plan (RMP) with the Fire Department.

Additional Resources: