reglab/statecodes huggingface dataset:
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4253 - Informal Hearing Before the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An informal hearing before the Board shall be held at a public meeting within
				  60 business days of the Board's receipt of respondent's request.
(1) If a quorum of the Board cannot be
				  gathered at the public meeting, the Board may consider the matter at the next
				  public meeting where a quorum is present.
(2) If the notice of probable violation does
				  not order any corrective action, the respondent may request staff to reschedule
				  the hearing date. Respondent must submit such a request in writing to staff no
				  later than 15 business days before the scheduled hearing date. Staff will
				  reschedule the hearing only one time, and must reschedule the hearing for a
				  date that is no more than 45 business days after the original hearing date and
				  on which a quorum of the Board is available to conduct the hearing.
(3) At least 15 business days before the
				  hearing, respondent may submit a written response and other records to the
				  notice of probable violation that may support modification or elimination of
				  the penalty or corrective action for the Board's consideration. Respondent must
				  provide a minimum of one original and 12 copies of the original written
				  response to staff, or submit the written response electronically as provided on
				  the Board's website: energysafety.ca.gov. The written response must not exceed
				  10 pages (excluding exhibits), must be on 8 1/2" x 11" white paper,
				  double-spaced text lines, and minimum 11-point font.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4254 - Hearing Before an Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a respondent, under the jurisdiction of the Board pursuant to Government
				  Code section
				  4216.6,
				  subdivision (e), requests a hearing before an administrative law judge under
				  section 4252, subdivision (a)(4), the
				  hearing shall be conducted pursuant to chapters 4.5 and 5 of part 1 of division
				  3 of title 2 of the Government Code (commencing with sections
				  11400 and
				  11500) and California Code of
				  Regulations, title 1, section
				  1000 et seq., and shall be subject
				  to the following:
(1) At the Board's
				  discretion, the hearing may be recorded electronically instead of by a
				  stenographer or court reporter.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4255 - Request for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Respondent may request the Board to reconsider the Board's decision or
				  recommendation issued pursuant to section
				  4252, subdivision (a)(2), or 4253.
				  The request for reconsideration must be in writing and received by the Board
				  within 30 days of the Board's decision or recommendation.
(1) The Board will not consider information
				  or other records previously submitted to or received by the Board prior to the
				  Board's decision or recommendation issued pursuant to section
				  4252, subdivision (a)(2), or 4253.
				  The basis of the request for reconsideration must be that there is relevant new
				  evidence which, in the exercise of reasonable diligence, could not have been
				  presented at the time of the respondent's response or informal hearing on the
				  matter.
(2) The Board may grant or
				  deny, in whole or in part, a request for reconsideration without further
				  proceedings. The Board shall issue a decision at a public meeting within 60
				  business days of the Board's receipt of respondent's request for
				  reconsideration, or at the next public meeting where a quorum of the Board is
				  present. At that public meeting or thereafter, within 45 business days or at
				  the next public meeting where a quorum of the Board is present, the Board shall
				  adopt a written decision on respondent's request for reconsideration. The
				  Board's decision on the request for reconsideration is effective upon the
				  adoption of the written decision.
(3) The Board shall notify respondent in
				  writing of the date, time, and location of any public meeting held under this
				  subdivision at least 20 business days before the public meeting. The Board
				  shall also notify respondent in writing of the Board's decision on the request
				  for reconsideration within 2 business days of the Board's decision.
(4) The filing of a request for
				  reconsideration stays the payment of any assessed penalty, but does not stay
				  any order for corrective action unless specified otherwise by the Board in the
				  Board's written decision under section
				  4252, subdivision (a)(2), or
				  4253.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4256 - Payment of Penalty and Compliance with Order for Corrective Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If the respondent is under the jurisdiction of the Board pursuant to Government
				  Code section
				  4216.6,
				  subdivision (e), the respondent must pay any Board ordered penalty within 30
				  days of the Board's decision unless specified otherwise in the decision.
				  Payment shall be made by certified check or money order payable to "Safe Energy
				  Infrastructure and Excavation Fund -- Enforcement Account" and sent to:
				  Department of General Services, Contracted Fiscal Services, Attn: Accounts
				  Receivable, 707 Third Street, 10th Floor, West
				  Sacramento, California, 95605.
(b)
				  If the respondent is under the jurisdiction of the Board pursuant to Government
				  Code section
				  4216.6,
				  subdivision (e), the respondent must comply with any order for corrective
				  action within the timeframe specified in the Board's decision.
(c) If, pursuant to Government Code section
				  4216.6,
				  subdivision (c), the respondent is under the jurisdiction of the Registrar of
				  Contractors of the Contractors State License Board, the Public Utilities
				  Commission, or the Office of the State Fire Marshal, the respondent shall pay
				  any penalty or comply with any corrective action as may be ordered by the
				  respective state agency with jurisdiction over the respondent. Payment shall be
				  made by certified check or money order payable to "Safe Energy Infrastructure
				  and Excavation Fund -- Enforcement Account" and sent to: Department of General
				  Services, Contracted Fiscal Services, Attn: Accounts Receivable, 707 Third
				  Street, 10th Floor, West Sacramento, California,
				  95605.
(d) If the respondent fails
				  to pay the full amount of the penalty in accordance with this section, the
				  matter may be referred to the Attorney General to enforce the penalty,
				  including any interest and costs, in a civil action in the appropriate
				  court.
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12,
						4216.19
						and
						4216.24,
						Government Code.
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12,
						4216.19
						and
						4216.24,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4257 - Valid and Current Contact Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Respondent shall maintain valid and current phone number,
					 email, mailing and business address with the Board and promptly notify the
					 Board of any changes to the phone number, email, and mailing and business
					 address.
1. New
					 section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12
						and
						4216.19,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 3 - Enforcement › Article 2 - Enforcement of Violations › Section 4258 - Ex Parte Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Ex parte communication with any Board member or staff
					 regarding the substance of the matter is prohibited from the date of the notice
					 of probable violation until the Board issues a written decision or
					 recommendation, and from the date a request for reconsideration (if any) is
					 filed until the Board issues a written decision on the request for
					 reconsideration. However, ex parte communication with staff regarding
					 procedural issues, such as scheduling a hearing, is permitted.
1. New
					 section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Section
						4216.22,
						Government Code. Reference: Sections
						4216.6,
						4216.12
						and
						4216.19,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 1 - General › Section 4300 - Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter is effective beginning July 1, 2020.
1. New
					 chapter 4 (articles 1-3, sections
					 4300-4361), article 1 (section
					 4300) and section filed 5-21-2020;
					 operative 7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Sections
						4216.10,
						4216.11
						and
						4216.22,
						Government Code. Reference: Sections
						4216.10
						and
						4216.12,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 1 - General › Section 4305 - Persons Eligible to Work Under a Continual Excavation Ticket

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An excavator who contacts a regional notification center to
					 request a continual excavation ticket shall communicate information about the
					 extent of the area of excavation, the location of subsurface infrastructure
					 within the area of continual excavation, and the type of work described within
					 the continual excavation ticket to all workers, including any subcontractors,
					 authorized by the excavator to perform work within the area of continual
					 excavation.
1. New
					 section filed 9-18-2020; operative 9-18-2020 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2020, No. 38).
Note: Authority cited: Sections
						4216.10,
						4216.11
						and
						4216.22,
						Government Code. Reference: Sections
						4216.10
						and
						4216.12,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 1 - General › Section 4310 - Continual Excavation Ticket Renewal Reminder Notifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In response to a request from an excavator for a continual excavation ticket, a
				  regional notification center shall provide the excavator with a continual
				  excavation ticket and information or tools to assist the excavator with
				  renewing the ticket.
(b)
(1) If the excavator requesting a continual
				  excavation ticket has provided electronic contact information to the regional
				  notification center and the excavator has granted the regional notification
				  center permission to use the electronic contact information to provide a
				  reminder notification in advance of ticket expiration, the regional
				  notification center shall use the excavator's electronic contact information to
				  provide one or more notifications to the excavator as a reminder to alert the
				  excavator of the need to renew the ticket.
(2) At least one reminder notification shall
				  be sent no earlier than two months before ticket expiration and no later than
				  ten days prior to ticket expiration. The reminder notification shall include
				  the continual excavation ticket number and expiration date of the ticket. The
				  reminder notification may include a hyperlink or other means by which the
				  excavator may access a portal for electronic ticket
				  renewal.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 1 - General › Section 4345 - Onsite Meeting and Plan Following Renewal of a Continual Excavation Ticket near High Priority Subsurface Installations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An excavator may continue excavation pursuant to an Area of
					 Continual Excavation Agreement (Agricultural Operations) or an Area of
					 Continual Excavation Agreement (Flood Control Facilities) for thirty days
					 following the renewal of a continual excavation ticket to allow the excavator
					 and the operator of the high priority subsurface installation to set up an
					 onsite meeting at a mutually agreed upon time to renew or to develop and agree
					 to a new area of continual excavation plan pursuant to Section
					 4351 or Section
					 4361.
1. New
					 section filed 9-18-2020; operative 9-18-2020 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2020, No. 38).
Note: Authority cited: Sections
						4216.11
						and
						4216.22,
						Government Code. Reference: Sections
						4216.10,
						4216.11
						and
						4216.12,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 2 - Onsite Meeting and Plan to Manage Area of Continual Excavation-Agricultural Operations › Section 4350 - Locate and Field Mark for Agricultural Operations near High Priority Subsurface Installations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to the onsite meeting under section
				  4351, the operator shall provide a
				  response to the excavator pursuant to Government Code section
				  4216.3,
				  subdivision (a).
(1) If the operator locates
				  and field marks within the area delineated for excavation as provided in
				  Government Code section
				  4216.3,
				  subdivision (a)(1)(A)(i), the excavator and operator shall agree to the method
				  to be used to locate and mark as provided in Government Code section
				  4216,
				  subdivision (n).
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 2 - Onsite Meeting and Plan to Manage Area of Continual Excavation-Agricultural Operations › Section 4351 - Onsite Meeting and Plan for Agricultural Operations Near High Priority Subsurface Installations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An onsite meeting for agricultural operations near a high priority subsurface
				  installation held pursuant to Government Code section
				  4216.10,
				  subdivision (c)(1), must take place at the parcel of real property where the
				  high priority subsurface installation is present. The onsite meeting must be
				  held at a mutually agreed upon date and time that does not unreasonably disrupt
				  the excavator's or operator's business operations.
(b) The excavator or the excavator's
				  authorized representative, which may be the real property owner or lessee, and
				  the operator or the operator's representative must attend the onsite meeting.
				  Both the excavator, which may be the real property owner or lessee, and the
				  operator must attend, or send an authorized representative to attend, the
				  onsite meeting.
(1) The onsite meeting must
				  include the excavator or the excavator's authorized representative with the
				  following knowledge and authority:
(A)
				  Knowledge of the agricultural operations that will occur in the area of
				  continual excavation during the period of time the continual excavation ticket
				  is valid under Government Code section
				  4216.10,
				  subdivision (d). Excavator must be prepared at the onsite meeting with all
				  relevant information concerning the agricultural operations that will occur in
				  the area of continual excavation.
(B) Authority to develop and agree to an area
				  of continual excavation plan by completing the Area of Continual Excavation
				  Agreement (Agricultural Operations), form number ACE Agreement 01
				  (09-01-2023).
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 3 - Onsite Meeting and Plan to Manage Area of Continual Excavation-Flood Control Facilities › Section 4360 - Locate and Field Mark for Continual Excavation on Flood Control Facilities near High Priority Subsurface Installations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to the onsite meeting under section
				  4361, the operator shall provide a
				  response to the excavator pursuant to Government Code section
				  4216.3,
				  subdivision (a).
(1) If the operator locates
				  and field marks within the area delineated for excavation as provided in
				  Government Code section
				  4216.3,
				  subdivision (a)(1)(A)(i), the excavator and operator shall agree to the method
				  to be used to locate and mark as provided in Government Code section
				  4216,
				  subdivision (n).
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 4 - Area of Continual Excavation › Article 3 - Onsite Meeting and Plan to Manage Area of Continual Excavation-Flood Control Facilities › Section 4361 - Onsite Meeting and Plan for Continual Excavation on Flood Control Facilities Near High Priority Subsurface Installations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An onsite meeting for continual excavation on flood control facilities near a
				  high priority subsurface installation held pursuant to Government Code section
				  4216.10,
				  subdivision (c)(1), must take place at the parcel of real property where the
				  high priority subsurface installation is present. The onsite meeting must be
				  held at a mutually agreed upon date and time that does not unreasonably disrupt
				  the excavator's or operator's business operations.
(b) The excavator or the excavator's
				  authorized representative, which may be the real property owner or lessee, and
				  the operator or the operator's representative must attend the onsite meeting.
				  Both the excavator, which may be the real property owner or lessee, and the
				  operator must attend, or send an authorized representative to attend, the
				  onsite meeting.
(1) The onsite meeting must
				  include the excavator or the excavator's authorized representative with the
				  following knowledge and authority:
(A)
				  Knowledge of continual excavation that will occur on the flood control
				  facilities during the period of time the continual excavation ticket is valid
				  under Government Code section
				  4216.10,
				  subdivision (d). Excavator must be prepared at the onsite meeting with all
				  relevant information concerning the continual excavation that will occur on the
				  flood control facilities.
(B)
				  Authority to develop and agree to an area of continual excavation plan by
				  completing the Area of Continual Excavation Agreement (Flood Control
				  Facilities), form number ACE Agreement 02 (09-01-2023), which is hereby
				  incorporated by reference.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 5 - Pre-Excavation Responsibilities › Article 1 - Responsibilities of Excavators › Section 4401 - Valid and Current Contact Information for Excavators Using the Regional Notification Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When notifying a regional notification center of intent to excavate pursuant to
				  Government Code section
				  4216.2,
				  subdivision (b) or Government Code section
				  4216.10,
				  subdivision (a), an excavator shall provide the contact information of a person
				  knowledgeable in the proposed excavation activities so that an operator may
				  contact the person regarding excavation activities that may occur around
				  subsurface installations in the area of proposed excavation.
(1) The contact information shall include a
				  name, telephone number, and an email address.
(2) The contact information shall be accurate
				  during the period in which the ticket is valid. If either the person
				  knowledgeable in the proposed excavation activities or the contact information
				  for the person knowledgeable in the proposed excavation activities changes
				  during the period in which the ticket is valid, the excavator shall provide
				  updated contact information to the regional notification
				  center.
California Code of Regulations › Title 19 - Public Safety › Division 4 - California Underground Facilities Safe Excavation Board › Chapter 5 - Pre-Excavation Responsibilities › Article 1 - Responsibilities of Excavators › Section 4501 - Use of Equipment Other than Hand Tools to Determine the Exact Location of a Subsurface Installation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An excavator may use equipment other than hand tools within the tolerance zone
				  of a subsurface installation for the purpose of determining the exact location
				  of the subsurface installation if all of the following conditions are
				  satisfied:
(1) The operator has responded to
				  the excavator with a locate and field mark as provided in Government Code
				  section
				  4216.3,
				  subdivision (a)(1)(A)(i).
(2) The
				  equipment conforms to the requirements as specified in subdivision (b) and has
				  not been modified to function outside those requirements.
(3) The field mark does not indicate a
				  subsurface installation type classified under the orange category of the
				  "Guidelines for Operator Facility Field Delineation" in Appendix B of the most
				  recent version of the Best Practices Guide of the Common Ground Alliance and in
				  conformance with the uniform color code of the American Public Works
				  Association.
(4) The field mark as
				  identified using abbreviations in the "Guidelines for Operator Facility Field
				  Delineation" in Appendix B of the most recent version of the Best Practices
				  Guide of the Common Ground Alliance does not indicate street lighting or
				  traffic signal.
(5) The excavator
				  has classified the soil within the tolerance zone as Type A or Type B, as
				  provided in Appendix A of Section
				  1541.1 of Title
				  8.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 1 - Definitions › Section 5010.1 - Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Control" means any actions necessary to stop, prevent,
					 abate, or mitigate a release or threatened release thereby ensuring the
					 elimination of a condition of substantial probability of harm to human health
					 and safety, property, or the environment.
Note: Authority cited: Section 25520, Health and Safety
						Code. Reference: Sections 25503(b)(5), 25507 and 25520, Health and Safety
						Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 1 - Definitions › Section 5010.2 - Person

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Person" means any employee, authorized representative,
					 agent or designee of a handler.
Note: Authority cited: Section 25520, Health and Safety
						Code. Reference: Sections 25507, 25515 and 25520, Health and Safety
						Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 1 - Definitions › Section 5010.3 - Pesticide Drift Exposure Incident

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Pesticide drift exposure incident" means an unintended
					 airborne transport of a pesticide to non-target areas, potentially resulting in
					 exposures that could affect public health and safety and the environment. For
					 the purposes of this Chapter, the term "pesticide" has the same meaning as
					 "pesticide", as defined in the Food and Agricultural Code, Section
					 12753.
Note: Authority cited: Section 25503, Health and Safety
						Code; and Section 12997.7, Food and Agricultural Code. Reference: Sections
						12753 and 12997.7, Food and Agricultural Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 1 - Definitions › Section 5010.4 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this subchapter shall not, in any way,
					 preempt more restrictive reporting requirements pursuant to other local, state,
					 or federal ordinances, statutes, or regulations.
Pursuant to Section
					 23112.5 of
					 the Vehicle Code, reporting of on-highway releases shall be made to the
					 Department of the California Highway Patrol.
Note: Authority cited: Section 25520, Health and Safety
						Code. Reference: Section 25520, Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.1 - Proposed Area Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The proposed area plan, as required by Section
					 25503(d)
					 of the Health and Safety Code, shall include:
(a) a description of the extent to which the
				  administering agency has met the requirements of this Article, and a schedule
				  for implementing the final area plan, by December 29, 1987, to include the
				  provisions of Sections
				  5020.2-5020.8 of this
				  Article;
(b) provisions for
				  integrating, in the final area plan, information from business plans submitted
				  by handlers within the jurisdiction of an administering agency;
(c) protocols for responses to pesticide
				  drift exposure incidents; and
(d) a
				  form providing information on the elements within the area plan, substantially
				  equivalent to the following optional model reporting form for area plans.
Click
					 here to view image
Note: Authority cited: Sections 25503 and 25517.5, Health
						and Safety Code; and Section 12997.7, Food and Agricultural Code. Reference:
						Section 25503, Health and Safety Code; and Section 12997.7, Food and
						Agricultural Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.2 - Procedures and Protocols for Emergency Rescue Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Area plans shall include procedures and protocols to ensure
					 the health and safety of emergency response personnel, such as, but not limited
					 to:
(a) guidelines for approach,
				  recognition, and evaluation of releases and threatened releases of hazardous
				  materials by emergency response personnel; and
(b) monitoring and decontamination guidelines
				  for emergency response personnel and equipment.
Note: Authority cited: Section 25503, Health and Safety
						Code. Reference: Section 25503, Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.3 - Pre-Emergency Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Area plans shall include, but not be limited to:
(a) provisions for pre-incident surveys of
				  business sites by first responders for the purpose of site familiarization, if
				  deemed necessary by the administering agency;
(b) provisions for pre-emergency planning and
				  coordination among emergency responders within the jurisdiction of an
				  administering agency. Pre-emergency planning shall include coordination of
				  emergency response and emergency assistance between contiguous
				  jurisdictions;
(c) procedures to
				  access local, state and federal funding and emergency response assistance;
				  and
(d) procedures, developed in
				  consultation with the Local Health Officer, to inform medical providers
				  regarding eligibility for reimbursement pursuant to Section
				  12997.5
				  of the Food and Agricultural Code, where applicable;
(e) provisions for access to state approved
				  and permitted hazardous waste disposal facilities and emergency response
				  contractors;
(f) development of an
				  integrated response management system providing standardized organizational
				  structure, terminology, and procedures for use during any release or threatened
				  release of hazardous materials, to include pesticide drift exposure incidents.
				  The administering agency shall incorporate into the area plan specific agency
				  roles within the Standardized Emergency Management System, including procedures
				  for agency notification and responsibility for public safety and information
				  pursuant to Section
				  5020.6 for all emergency
				  responses, to include pesticide drift exposure incidents. The administering
				  agency shall consult with the County Agricultural Commissioner and the Local
				  Health Officer when incorporating their statutory duties into a pesticide drift
				  response, and when assigning other specific agency responsibilities for
				  pesticide drift exposure incidents; and
(g) procedures, established in consultation
				  with the County Agricultural Commissioner and the Local Health Officer, with
				  assistance from the Department of Pesticide Regulation, to provide immediate
				  access to pesticide-specific information for responders to pesticide releases.
				  This information will assist emergency response and emergency medical services
				  personnel in identifying and characterizing any pesticides which have the
				  potential to come into contact with one or more individuals as the result of a
				  pesticide drift exposure incident within the jurisdiction.
Note: Authority cited: Section 25503, Health and Safety
						Code; and Sections 12997.7(b)(1), 12997.7(b)(2) and 12997.7(b)(6), Food and
						Agricultural Code. Reference: Section 25503, Health and Safety Code; and
						Section 12997.7, Food and Agricultural Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.4 - Notification and Coordination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Area plans shall include, but not be limited to:
(a) provisions for notification of, and
				  coordination with, emergency response personnel, such as, but not limited to,
				  law enforcement, fire service, medical and public health services, poison
				  control centers, hospitals, and resources for the evacuation, reception and
				  care of evacuated persons;
(b)
				  identification and utilization of alternative forms of emergency communications
				  (such as amateur radio services), in the event of a loss of primary
				  communications;
(c) a
				  responsibility matrix or listing of specific emergency responsibilities of
				  responding organizations. This matrix or listing shall be developed in
				  coordination with the listed responding organizations;
(d) provisions for notification to the
				  California Governor's Office of Emergency Services of all reports received
				  pursuant to Title 19, Division 2, Chapter 4. These notifications shall be
				  submitted, at least monthly, on forms specified by the California Governor's
				  Office of Emergency Services; and
(e) procedures, developed in consultation
				  with the Local Health Officer, to ensure access to health care within 24 hours
				  of an exposure resulting from a pesticide drift exposure incident and up to a
				  week after the incident.
Note: Authority cited: Section 8585, Government Code;
						Section 25503, Health and Safety Code; and Section 12997.7(b)(5), Food and
						Agricultural Code. Reference: Section 8585, Government Code; Section 25503,
						Health and Safety Code; and Section 12997.7, Food and Agricultural Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.5 - Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At a
				  minimum, area plans shall establish provisions for training of emergency
				  response personnel in the following areas:
(1)
				  emergency procedures for first response to a release or threatened release of
				  hazardous materials, to include pesticide drift exposure incidents;
(2) health and safety procedures for response
				  personnel, including those procedures required by Section
				  5020.4 of this Article;
(3) use of emergency response equipment and
				  supplies;
(4) procedures for access
				  to mutual-aid resources;
(5)
				  identification of medical facilities capable of providing treatment appropriate
				  for hazardous material incidents, to include pesticide drift exposure
				  incidents;
(6) evacuation plans and
				  procedures;
(7) monitoring and
				  decontamination procedures for emergency response personnel and
				  equipment;
(8) first-aid procedures
				  for hazardous material incidents, including pesticide exposure;
(9) procedures for informing the public
				  during emergencies; and
(10)
				  psychological stress that may be encountered during disaster
				  operations.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.6 - Public Safety and Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Area plans shall include, but not be limited to:
(a) site perimeter security procedures for
				  use during a release or threatened release of hazardous material;
(b) provisions for informing business
				  personnel and the affected public of safety procedures to follow during a
				  release or threatened release of a hazardous material;
(c) procedures, developed in consultation
				  with the County Agricultural Commissioner, to notify residents of a pesticide
				  drift exposure incident and a procedure to assist in the coordination of an
				  evacuation, if deemed necessary by emergency response personnel;
(d) procedures to identify all languages
				  known to be spoken in the administering agency's county or city, as the case
				  may be, and ensure that any individual is able to access services in their
				  native language as required by Section
				  11135 of
				  the Government Code. The area plan will outline what these services are and how
				  they will be provided in the languages identified;
(e) designation of responsibility for the
				  coordinated release of safety information to the public and to the local
				  Emergency Broadcast System;
(f)
				  provisions for informing medical and health facilities of the nature of the
				  incident and the substance(s) involved in an incident; and
(g) provisions for evacuation plans.
				  Evacuation planning shall provide for the following elements:
(1) determination of the necessity for
				  evacuation;
(2) centralized
				  coordination of information with local law, fire, public health, medical, and
				  other emergency response agencies;
(3) timely notification of the affected
				  public, including release of messages prepared pursuant to subsections (e) and
				  (f) of this section;
(4) properties
				  of hazardous materials, such as quantity, concentration, vapor pressure,
				  density, and potential health effects;
(5) possible release scenarios;
(6) facility characteristics, topography,
				  meteorology, and demography of potentially affected areas;
(7) ingress and egress routes and
				  alternatives;
(8) location of
				  medical resources trained and equipped for hazardous material
				  response;
(9) mass-care facilities,
				  reception areas, and sheltering; and
(10) procedures for post-emergency period
				  population recovery.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.7 - Supplies and Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Area plans
				  shall contain a listing and description of available emergency response
				  supplies and equipment specifically designated for the potential emergencies
				  presented by the hazardous materials which are handled within the jurisdiction
				  of the administering agency. This information shall be presented to reflect
				  response capability.
(b) Area plans
				  shall outline the provisions for regular testing, if applicable, and proper
				  maintenance of emergency response equipment under the direct control of the
				  county or city, as the case may be.
Note: Authority cited: Section 25503, Health and Safety
						Code. Reference: Section 25503, Health and Safety Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 2 - Minimum Standards for Area Plans › Section 5020.8 - Incident Critique and Follow-Up

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Area plans shall describe provisions for the critique and
					 follow-up of major incidents of a release or threatened release of hazardous
					 material, including pesticide drift exposure incidents. The critique shall
					 include an interagency meeting to evaluate the response, to improve future
					 response, and to determine if any area plan revisions are required.
Note: Authority cited: Section 25503, Health and Safety
						Code; and Section 12997.7, Food and Agricultural Code. Reference: Section
						25503, Health and Safety Code; and Section 12997.7, Food and Agricultural
						Code.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 3 - Minimum Standards for Business Plans › Section 5030.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				  article provides minimum standards for the hazardous materials business plan. A
				  hazardous materials business plan includes the following:
(1) Hazardous material inventory in
				  accordance with Section
				  5030.3-5030.8;
(2) Emergency response plans and procedures
				  in accordance with Section
				  5030.9; and
(3) Training program information in
				  accordance with Section
				  5030.10.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 3 - Minimum Standards for Business Plans › Section 5030.2 - Business Plan General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A business
				  that handles a hazardous material or a mixture containing a hazardous material
				  shall establish and implement a business plan if the hazardous material is
				  handled in quantities:
(1) equal to or
				  greater than 500 pounds, 55 gallons, or 200 cubic feet of gas (gas calculated
				  at standard temperature and pressure), or
(2) equal to or greater than the applicable
				  federal threshold planning quantity (TPQ) for an extremely hazardous substance
				  (EHS) listed in Appendix A, Part 355, Title 40, of the Code of Federal
				  Regulations.
(3) radioactive
				  materials that are handled in quantities for which an emergency plan is
				  required to be adopted pursuant to Part 30 (commencing with Section
				  30.1), Part 40 (commencing with
				  Section 40.1), or Part 70 (commencing with
				  Section 70.1), of Chapter 10 of Title 10
				  of the Code of Federal Regulations (54 Federal Register 14051), or pursuant to
				  any regulations adopted by the state in accordance with those
				  regulations.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 3 - Minimum Standards for Business Plans › Section 5030.3 - Hazardous Materials Inventory Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A business
				  subject to the requirements of Section
				  5030.2 shall complete and submit
				  to the Certified Unified Program Agency (CUPA) or Administering Agency (AA) the
				  following to satisfy the inventory reporting requirement:
(1) The Business Activities page of the
				  Unified Program Consolidated Form as required by California Code of Regulations
				  (CCR) Title 27, Section
				  15600(a); and
				  Business Owner/Operator Identification page (Appendix A, UPCF (Rev. 12/07));
				  and
(2) The Hazardous
				  Materials-Chemical Description Page (Appendix A, UPCF (Rev. 12/07));
				  and
(3) An Annotated Site Map if
				  required by the CUPA or AA. An optional Annotated Site Map (Appendix A, Cal EMA
				  Form 732 (map) (12/09)) is provided. CUPA's or AA's may modify the optional
				  Annotated Site Map.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 3 - Minimum Standards for Business Plans › Section 5030.4 - Alternative Hazardous Materials Inventory Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A CUPA or
				  AA may create alternative versions of the hazardous materials inventory forms
				  for local purposes.
(b) Alternative
				  versions shall:
(1) Be developed in
				  consultation with all agencies within the CUPA's or AA's jurisdiction that are
				  responsible for fire protection, emergency response and environmental health;
				  and
(2) Meet the requirements of 27
				  CCR, Section
				  27 CCR,
				  Section
				  15400.3(c).
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 3 - Minimum Standards for Business Plans › Section 5030.5 - Hazardous Materials Inventory Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A business
				  shall submit a hazardous materials inventory to the appropriate CUPA or AA and
				  local fire agency.
(b) The
				  hazardous materials inventory shall be submitted annually on or before March
				  1.
(c) Businesses may choose to
				  submit an inventory utilizing the forms specified in Section
				  5030.3 of this article or an
				  alternate version developed by the CUPA or AA for their jurisdiction.
(d) Businesses shall submit an amendment to
				  the inventory within 30 days of the following events:
(1) A 100 percent or more increase in the
				  quantity of a previously disclosed material.
(2) Any handling of a previously undisclosed
				  hazardous material subject to the inventory requirements of this
				  chapter.
(3) Change of business
				  address.
(4) Change of business
				  ownership.
(5) Change of business
				  name.
California Code of Regulations › Title 19 - Public Safety › Division 5 - California Environment Protection Agency › Chapter 1 - Hazardous Material Inventory and Response Plans › Article 3 - Minimum Standards for Business Plans › Section 5030.6 - Hazardous Material Inventory Submission Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If no
				  change in an inventory has occurred, a business subject to the hazardous
				  materials reporting requirements may comply with the annual inventory reporting
				  requirements of Section
				  5030.5 by submitting a
				  certification statement to the CUPA or AA if all the following apply:
(1) The business has previously filed the
				  hazardous materials inventory pursuant to Section
				  5030.3 and
				  5030.4 requirements.
(2) The business owner or officially
				  designated representative signs and attests to these statements:
(A) The information contained in the
				  hazardous materials inventory most recently submitted to the CUPA or AA is
				  complete, accurate, and up to date.
(B) There has been no change in the quantity
				  of hazardous materials reported in the most recently submitted
				  inventory.
(C) No hazardous
				  materials subject to inventory requirements are being handled that are not
				  listed on the most recently submitted inventory.
(3) The business is not utilizing the
				  submission of this certification to meet the annual inventory submission
				  requirements of EPCRA (Section
				  of Title
				  4211022 of Title 42, United States
				  Code).