Background In 1993, CalEPA created the Certified Unified Program Agency (CUPA) which is a local agency certified by CalEPA to implement and enforce six state hazardous waste and hazardous materials regulatory management programs. CUPA inspectors enforce hazardous waste, storage tank and emergency preparedness regulations, amongst others. In our observation, the enforcement level varies from county to county and even inspector to inspector; however, the level of enforcement is up significantly, with many paying penalties for violations. We discuss some recent CUPA violations issued via a Notice of Violations (NOV). Needless to say, any NOV issued must be abated within the stipulated time and the county inspector must be informed in writing. As part of the preparation for the annual CUPA inspector visit, we have noted some common CUPA violations. We will discuss this during our visit to clients as well. Dealership management must go through the listed items below and undertake remedial steps. Common CUPA inspection items are as follows: California Environmental Reporting System (CERS): All facilities with hazmat in excess of 55 gallons, or 200 cu. ft. of compressed gas, must report hazmat on CERS (state portal) and update annually. This reporting is similar to the federal Tier II reporting requirements but more expansive. CERS includes items as follows: • Keep inventory, facility maps and the emergency contact list with cell number to respond to a hazmat emergency, including after hours. Preferably, the contacts must be aware of hazmat and its location on the lot. Contact living close is preferable as well. • Maintain a copy of the CERS plan and ensure all managers have read the plan and know its location. • Train employees on an emergency response plan (CERS report) and seek written acknowledgment from employees. • Train employees on spill response and provide spill kits. Spill kits (multiple) must be located in the shop and in the bulk oil tank storage area, preferably yellow drums that are easily recognizable. Spill kits consist of absorbent snakes (help build a dike), absorbent pads and good old absorbent powder. Note that time is of the essence when combating oil spills. Label them in bold letters “Spill Kit,” and if the drum is not yellow, you may take a yellow can of paint and paint the lid yellow. • If the bulk oil tanks are in the shop area or in the drive area where they can be impacted by shop traffic, install bollards to protect them. Hazardous Material (and Waste) Storage Regulations: • Ensure ALL containers have lids and are labeled with their content. Ensure lids are secured on waste drums and/or fill ports on tanks are closed when not in active use. • Conduct WEEKLY inspections of hazardous waste storage areas. Keep logs for three years. Daily inspection may be necessary if the facility is subject to an SPCC plan. • Ensure drums that previously stored hazardous materials/waste are labeled "empty as of mm/dd/yyyy." Once the container is reused for hazardous waste storage, remove the empty label/sign. • Brake fluid has different characteristics than used motor oil and, as such, should be disposed of as a separate hazardous waste stream. Similarly, contaminated gasoline must be stored and disposed of separately. • Ensure waste is not stored for more than 90 days. Observe the "Accumulation Start Date" on the waste label to ensure the 90-day storage clock is not exceeded. Contact the waste hauler to dispose of waste if the 90day window is closing. Shop managers must keep the waste hauler and their rep’s phone number on their cell. County (CUPA) Inspector Coming: Are You Ready? By Sam Celly, BChE MChE, JD CSP, Celly Services, Inc. 12
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