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Regulatory Updates


Transition of the City of Victorville CUPA to the San Bernardino County CUPA

San Bernardino County Fire Department has now assumed the role for implementing the Certified Unified Program Agency (CUPA) program, with responsibility for enforcing state mandated hazardous materials laws and regulations, on behalf of the City of Victorville.

The Unified Program was created in the early 1990's, consolidating the management of chemical storage, release response planning, hazardous waste generation, and underground and aboveground storage tanks into one local agency certified by the Secretary of the California Environmental Protection Agency (CalEPA). Each county was required to apply for certification and cities with preexisting programs were also allowed to apply for certification as the CUPA. San Bernardino County applied for and was certified as the CUPA for most of the county. The City of Victorville also applied for and was certified as a CUPA for the City of Victorville.

In April of 2015, the City of Victorville requested CalEPA transfer the Victorville CUPA to San Bernardino County Fire Department CUPA. CalEPA approved the request in October of 2015.

San Bernardino County is in the process of reviewing and compiling information that will be used to determine what hazardous materials permits may be required for facilities that handle, store, treat, and/or manufacture hazardous materials. Different tools will be used to make these determinations, including file reviews, analyzing information contained in the California Environmental Reporting System (CERS), and possible field verification.

We know you will have questions about this transition and we welcome the chance to get to know you and your business. If you would like to talk about your invoice, inspection policies, disclosure procedures or anything else pertaining to the CUPA, please call our office at 909.386.8401. Welcome to the San Bernardino County CUPA Program.

New Site Map Requirements

San Bernardino County CUPA has previously required facilities subject to California Health & Safety Code (CHSC) Chapter 6.95, Article 1, to submit three (3) maps with their Business Emergency /Contingency Plan. Senate Bill (SB) 1261 was passed in 2014 and became effective January 1, 2015. In accordance with this new law, all Hazardous Materials Inventory submittals to San Bernardino County CUPA that are entered into CERS after January 1, 2015, require only one (1) Site Map. Pursuant to CHSC 25505 (a)(2), this site map must include the following information:

  • North orientation
  • Loading areas (if applicable to the operation)
  • Internal roads and/or adjacent streets
  • Storm and sewer drains (if applicable to the facility layout)
  • Access and exit points
  • Emergency shutoffs (electricity, water, gas)
  • Evacuation staging areas
  • Hazardous material handling and storage areas
  • Emergency response equipment

New State Surcharge for APSA Facilities

On September 25, 2012, Assembly Bill 1566 appointed the Office of the State Fire Marshal (OSFM) as the State oversight agency for implementation of the Aboveground Petroleum Storage Act (APSA). A Cal/EPA Unified Program surcharge of $26.00 will be assessed annually on each tank facility regulated under the APSA program to cover statewide costs incurred by the OSFM to implement, maintain, and oversee the APSA program. San Bernardino County CUPA is required to collect State surcharges when charging permit fees. Therefore, if your facility is subject to APSA, this new surcharge will appear on your invoice for annual permit fees beginning July 1, 2014. A tank facility that is conditionally exempt from preparing and implementing an SPCC plan under APSA is not exempt from paying this new APSA assessment. Additional information is available from Cal/EPA and the Office of the State Fire Marshal regarding this new surcharge. For information about whether your facility is subject to APSA, refer to our APSA webpage.

Fire Service Fees FAQs

  1. What is new and different about my invoice?
    You will notice that your annual invoice is no longer based on the number of employees located at your facility. The new fee schedule was developed to cover the true costs associated with implementing the legally required administrative and inspection components of the CUPA program, based on the number and types of chemicals stored/managed, amount of waste generated, and the level of risk posed by the hazardous substance(s).
  2. Will I be getting 2 invoices this calendar year (2014)?
    Because of the CUPA program review, billing from July to December was suspended. Therefore, if you normally receive your annual invoice between July and December you will receive two invoices this calendar year: one for Fiscal Year 2013/2014 and one for Fiscal Year 2014/2015.
  3. Will I be seeing an increase in my annual invoice?
    This will vary per facility. The previous methodology for calculating your invoice was based on your number of employees. The new methodology for calculating your annual invoice is based on the number and types of chemicals stored/managed, amount of waste generated, and the level of risk posed by the hazardous substance(s).
  4. Is there a way to decrease my next invoice?
    One way to decrease your invoice is to decrease the number of chemicals stored and the amount of waste generated by your facility. To learn about programs to reduce waste, contact your assigned Inspector. If you don’t know your assigned Inspector, please call our office for assistance at 909.386.8401.
  5. Do I have to pay both invoices at the same time?
    Each invoice may have different due dates depending upon the date it was generated. Please refer to each invoice for the actual due date.

All Facilities Must Now Report Electronically through CERS
The California Environmental Reporting System (CERS) website at http://cers.calepa.ca.gov is available for use and must now be used to electronically submit all Unified Program related data including updates to the Business Emergency / Contingency Plan. For more information refer to our Electronic Reporting (CERS) page or contact the CERS help line at 909.386.8432.

CERS Help Line Launched
The San Bernardino County Fire CERS help line phone number is now operational and staffed from 8 a.m. to 4:30 p.m. Monday through Friday. The number is 909.386.8432. This number can be called for help in using the California Environmental Reporting System (CERS), which must be used to submit all Unified Program documents electronically beginning January 1, 2013. Questions about CERS can also be answered by emailing them to Efile@sbcfire.org.

Notification of Certified Record Search Fee Change
Recently adopted Ordinance No. FPD 14-01 reduced the hourly rate for services charged by the Office of the Fire Marshal (OFM) from $146.00 per hour of service to $130.00 per hour of service. A document outlining procedures as well as a Request for Certified Hazardous Materials Record Search Findings form are available on our Policies and Procedures page.

2012 Verification Questionnaire Missing Manifest Counts
Hazardous waste manifest counts were inadvertently omitted from Schedule A of the 2012 Verification Questionnaires that were mailed out in June 2012. Additional information regarding the Verification Questionnaire and Manifest Fees Assessment as well as a link to a PDF document that will allow you to search for your manifest counts by your EPA ID number can be found on the DTSC website.

Biennial Reporting Deadline for RCRA Large Quantity Generators
The San Bernardino County Fire Department, Hazardous Materials Division would like to remind RCRA hazardous waste generators about an upcoming reporting requirement. On or before March 1, 2012, RCRA Large Quantity Generators in calendar year 2011 are required to complete a RCRA Biennial Report to comply with federal and California hazardous waste regulation. Instructions and the forms to complete the report and guidance is provided by the State Dept. of Toxic Substances Control (DTSC) webpage. The report is required to be sent into State DTSC and a copy kept onsite for inspectors’ review during inspections. Additional information included on the DTSC website.

SPCC Plans Must Be Prepared and Implemented by November 10, 2011
November 10, 2011, is the date when all facilities that are required to prepare
and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan under the Aboveground Petroleum Storage Act (APSA) must have their Plan prepared or amended to meet post-2002 SPCC rule requirements / amendments. For more information refer to our APSA/SPCC web page.

SB 14 SUMMARY PLANS DUE SEPTEMBER 1, 2011, FOR THE 2010 REPORTING YEAR

Did you generate over 12,000 kilograms of hazardous waste or 12 kilograms of extremely hazardous waste in 2010? If ‘yes’, you might be required to prepare SB14 documents by September 1, 2011.

San Bernardino County Fire Department, Hazardous Materials Division is distributing compliance information from the State Department of Toxic Substances Control (DTSC) regarding Senate Bill 14. Senate Bill 14 is the Hazardous Waste Source Reduction and Management Review Act of 1989. SB 14 requires certain hazardous waste generators to consider source reduction as the preferred method of managing hazardous waste. Source reduction also provides the best protection for public health and the environment.2010 is the new reporting year, and the Summary Progress Report (SPR) is due to the State DTSC by September 1, 2011.

Information about the SB 14 requirement is available on the DTSC website.

If you have questions, please contact the State DTSC Office of Pollution Prevention and Green Technology at 916.322.2822 or e-mail at sb14@dtsc.ca.gov

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