CUPA / Pollution Prevention
The Napa County Division of Environmental Health (NCDEH) is the Certified Unified Program Agency (CUPA) for all cities and areas of Napa County.
Hazardous Waste Generator (California Health and Safety Code Chapter 6.5)
Hazardous waste is subject to storage time limits and container labeling and management and disposal requirements. There are just under 500 facilities permitted to generate hazardous waste in Napa County that are inspected triennially. For more information please visit the Department of Toxic Substances Control website for Hazardous Waste Generator information.
Underground Storage Tank (California Health and Safety Code Chapter 6.7 and Napa County Code Chapter 16.20)
All underground storage tanks (USTs) are subject to monitoring for leakage. All USTs are inspected annually to verify compliance with state laws, regulations, and permit conditions. All new tanks, tank modifications/repairs, and tank removals/closures are permitted by the NCPBES There are 46 UST facilities in Napa County that are inspected annually. For additional information please visit the State Water Resources Control Board website for USTs.
Above Ground Storage Tank (California Health and Safety Code Chapter 6.67)
As of January 1, 2008 Assembly Bill 1130 transferred the responsibility for the implementation, enforcement and administration of the Aboveground Petroleum Storage Act (APSA) from the State Water Resources Control Board to the CUPA. This law mandates a CUPA to conduct inspections of all facilities that store petroleum products in containers of 55-gallons or greater, including above ground tanks, with a total aggregate quantity of at least 1,320 gallons. This law requires all facilities that store an aggregate quantity of at least 1320 gallons of petroleum/petroleum products including waste oil to submit a storage statement to the CUPA on an annual basis and to prepare a Spill Prevention Control and Countermeasure (SPCC) plan and implement its provisions.
The exception to this law applies to farms, nurseries, construction sites, or logging sites which are exempt from preparing a SPCC unless the tank is equal to or exceeds 20,000 gallons and the cumulative total capacity is more than 100,000 gallons. However, farms, nurseries, construction sites, or logging sites must conduct daily inspections of containers and tanks containing petroleum, allow the CUPA to inspect the facility, and install secondary containment if the CUPA deems necessary. These facilities are not exempt from federal requirements, only APSA. There are approximately 125 facilities that are inspected triennially. Please visit the State Water Resources Control Board website for more information on ASTs as well as Title 40 - Protection of Environment.
Hazardous Materials Business Plan (California Health and Safety Code Chapter 6.95)
NCDEH Conducts regulatory oversight (review of plans and inspections) of all businesses including farms, federal agencies, state agencies, and local agencies that handle quantities of hazardous materials/ hazardous waste greater than or equal to 55 gallons of liquid, 500 pounds of solids, and 200 cubic feet of a compressed gas at any time. There are an estimated 1,250 facilities throughout Napa County that are subject to the regulatory requirements of this program that are inspected triennially. Please visit the California Emergency Management Agency website for additional information on Hazardous Materials Business Plans.
California Accidental Release Prevention Program (California Health and Safety Code Chapter 6.95)
There are certain regulated substances, known as extremely hazardous substances, that require extensive emergency planning. The most common regulated extremely hazardous substance found in the county requiring a Risk Management Plan (RMP) is anhydrous ammonia. There are over 400 other chemicals that may require a RMP. Businesses that meet threshold quantities specified by U.S Environmental Protection Agency (US EPA) are subject to both state and federal RMP requirements and shall provide their RMP to both the NCDEM and the U.S EPA on the date on which the regulated substance is first present in a process above the federal threshold quantities of the substance.
Facilities that have regulated substances above the State of California thresholds shall submit a RMP to the NCDEH on the date on which a regulated substance is first present in a process above the state threshold quantities Every three years the owner must certify compliance of their processes and practices and every five years the owner must update their RMP and reevaluate that their process hazard analysis remains current. There are 9 facilities throughout Napa County that are subject to the regulatory requirements of this program that are inspected triennially. Please visit the California Emergency Management Agency website for more information on the California Accidental Release Prevention Program.
The Pollution Prevention Team also implements the following programs:
Methamphetamine Contaminated Property Cleanup Act of 2005 (California Health & Safety Code Chapter 6.9.1)
This act mandates remediation by the property owner and requires the property owner to retain an authorized contractor, as defined in HSC Section 25400.11 (a), to remediate the contamination. It allows remediation of contaminated properties by a city or county in the event a property owner fails to initiate or complete the remediation and imposes specified costs and civil penalties on property owners where there is known or suspected methamphetamine contamination. Please visit the California Health and Safety Code website for more information on the Methamphetamine Contaminated Property Cleanup Act of 2005.
Stormwater Management & Control (Napa County Code Chapter 16.28)
NCDEH inspects two type of facilities that are already permitted for a Unified Program: Facilities that are required, per their Standard Industrial Classification (SIC) code, to prepare a Stormwater Management Plan and those facilities that may otherwise pose a threat to stormwater. There are approximately 500 facilities that are inspected triennially. Please visit the Napa County website for additional information on Stormwater Management and Control.
Abandoned Vehicle Abatement (Napa County Code Chapter 8.20)
NCDEH responds to complaints within the unincorporated County regarding vehicles that are considered abandoned, which means a vehicle or parts thereof that is left on a highway, public property, or private property in such inoperable or neglected condition that the owner’s intent to relinquish all further rights or interest in it may be reasonably concluded. In reaching a reasonable conclusion, factors to consider include the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses. For additional information, see Abandoned Vehicle Abatement.
Noise Control (Napa County Code Chapter 8.16)
Upon the receipt of two complaints within the unincorporated County, the noise control officer, or their agent, will investigate the complaint. The investigation may consist of a measurement and the gathering of data required to comply with the code section, and a deadline date for compliance, a warning of a subsequent inspection or sound level measurement discloses the continued existence of such violation, further action will be taken to adequately define the noise. For additional information, see Noise Control.
Remediation Oversight of Contaminated Properties (California Health and Safety Code Chapter 6.5, Section 25187 (b)
If contamination is discovered at a property, NCDEH may issue an order requiring corrective action whenever it determines that there is or has been a release, as defined in the California Health and Safety Code, Chapter 6.8 (commencing with Section 25300), of hazardous waste or constituents into the environment from a hazardous waste facility. All remedial activities will be conducted with oversight pursuant to Chapter 6.8. Please visit the California Health and Safety Code website for additional information regarding Remediation Oversight of Contaminated Properties.
Technical Reference for Emergency Response
NCDEH coordinates with the emergency response teams to aid in identifying chemicals that are released into the environment and ensure their proper remediation.
Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)
Record and Reporting (California Health and Safety Code Chapter 6.5, Section 25180.7) Any designated government employee who obtains information in the course of his official duties revealing the illegal discharge or threatened illegal discharge of a hazardous waste within the geographical area of his jurisdiction and who knows that such discharge or threatened discharge is likely to cause substantial injury to the public health or safety must, within seventy-two hours, disclose such information to the local Board of Supervisors and to the local health officer. Please visit the State Office of Environmental and Health Assessment for additional information about the Safe Drinking Water and Toxic Enforcement Act of 1986.
Napa County Area Plan (California Health & Safety Code Chapter 6.95, Section 25503)
The Area Plan program was established in 1986 as a planning tool for local government agencies to respond to and minimize the impacts from a release or threatened release of a hazardous material. It requires creating an Area Plan which:
- Identifies the hazardous materials which pose a threat to the community
- Develops procedures and protocols for emergency response
- Provides for notification and coordination of emergency response personnel
- Provides for public safety including notification and evacuation
- Establishes training for emergency response personnel
- Identifies emergency response supplies and equipment
- Provides for the critique and follow-up after a major incidents
Please visit the California Office of Emergency Management Agency website for additional information about the Napa County Area Plan.
Citizens may file complaints that fall under the aforementioned programs. Anonymous complaints will not be responded too. Complainant information will be kept confidential. To file a complaint, complete and submit our online form.
Additional Unified Program Information
- Emergency Response Plan
- EPA ID Number Request Form
- Owners Statement of Designated UST Operator
- UST Monitoring Plan
- UST Response Plan
- Certificate of Installation/Modification