KERN COUNTY PUBLIC HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
HAZARDOUS MATERIALS PROGRAM
PERFORMANCE INCENTIVE PROGRAM (PIP)
MAY 2015
Table of Contents
Introduction..................................................................................................................................... 3
Common Terminology.................................................................................................................... 4
Examples of Violations ................................................................................................................. 5
Eligibility and Procedures............................................................................................................... 6
Inspection Categories...................................................................................................................... 6
Understanding the Inspection Report Form.................................................................................... 7
Understanding the Score................................................................................................................. 7
Self-Inspection Checklist................................................................................................................ 8
Appeal Process................................................................................................................................ 10
Appendix A – Performance Incentive Program Application Form ............................................... 11
Appendix B – Request to Appeal Score ....................................................................................... 14
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Introduction
Federal and state laws require businesses to disclose their hazardous materials/waste inventories to
the local Certified Unified Program Agency (CUPA). In Kern County there are approximately
3,600 businesses that handle hazardous materials and, of those, 12% handle moderately hazardous
or extremely hazardous materials. Facilities handling moderately and extremely hazardous
materials have an associated greater chance of significant onsite and offsite consequences if the
hazardous materials are released.
The Kern County Environmental Health Division (KCEH) has implemented a risk-based approach to
the allocation of resources within the Hazardous Materials Program. Businesses that handle small
quantities of chemicals that present limited risk if released are inspected once every three years as
required by state law. Businesses that store and utilize moderate or extremely hazardous materials
are inspected biennially or annually, depending on the volume and type of material. Inspections are
conducted to ensure local businesses operate in a safe manner to prevent impacts to the community.
Inspections typically involve a thorough review of all chemical inventories, safety procedures,
release prevention and control protocols, accidental histories, complaints, and compliance under state
and federal regulations.
Businesses that have allocated resources and have a documented record of compliance with state and
federal laws and have not experienced site releases present a reduced risk to the community. High
performing facilities practice and adheres to safety cultures that resonate throughout their workplace
that reflects their attitudes, beliefs, perceptions, and values of employees and management in sharing
the vision of safety. The Performance Incentive Program (PIP) is a voluntary program available to
eligible facilities to reduce inspection frequencies and reduce annual permit fees. This program
allows KCEH to shift resources away from businesses that demonstrate superior regulatory
compliance and instead provide direct oversight and involvement to businesses that are struggling to
achieve compliance.
This PIP policy provides information on the eligibility for businesses to qualify for the program, the
hazardous materials inspection process, the scoring system used, and common terminology utilized
by KCEH. This policy serves not only as a training guide for KCEH and its employees, but as a
reference manual and an educational tool to assist business owners.
If you have questions regarding the PIP or this policy, please contact our office:
Kern County Environmental Health Division
2700 M Street, Suite 300
Bakersfield, CA 93301
Telephone: (661) 862-8740
E-mail: [email protected]
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Common Terminology
The success of any inspection program requires a clear understanding of the common
terminology used by the inspector and the regulated industry. The terms below are defined so
that everyone can communicate clearly and openly during the Environmental Health inspection
process.
Aboveground Petroleum Storage Program (APSA) is a regulatory program to oversee the
operation of an aboveground petroleum storage tank to prevent and mitigate effects on the health
of the community and releases to the environment. This program is regulated under the
California Health and Safety Code (H&SC).
Business Contact is the individual listed on the PIP application form submitted by the
business to be considered for the Performance Incentive Program.
Business Plan Program is a regulatory program to provide information to the public and first
responders to prevent and mitigate damage to the health of the community and the environment.
Any business handling the quantities at or above the reporting threshold of hazardous materials is
regulated by the Certified Unified Program Agency (CUPA) and is required to be permitted by
the department.
California Accidental Release Prevention Program (CalARP) is a regulatory program
designed to oversee the handling of extremely hazardous materials that, if released, would cause
significant and widespread health effects and damage to the environment. This program is
regulated under the H&SC and California Code of Regulations (CCR).
California Environmental Reporting System (CERS) is a statewide web-based system to
support the CUPAs in electronically collecting and reporting hazardous materials-related data as
mandated by the H&SC.
Eligible Business is any business meeting the requirements to participate in the Performance
Incentive Program and applies to participate in the program. A business must be located within
Kern County and under the jurisdiction of Kern County Environmental Health – CUPA.
Hazardous Materials Facility is any business handling and storing of hazardous materials
above the reporting thresholds listed in the H&SC and CCR.
Hazardous Waste Generator Program is a regulatory program applicable to generators of
hazardous waste or regulated under H&SC and CCR and is designed to ensure the proper
handling, treatment and disposal of such wastes.
Qualifying Score is the score required for an applicant to be approved to be placed into a lower
inspection frequency. This score is 95% or greater based upon a cumulative average for all
hazardous materials programs administered by the KCEH – CUPA at the facility.
Spill Prevention Control and Countermeasures Plan (SPCC) is a required component of an
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owner/operator of an aboveground storage tank system(s) that meets the requirements as
designed in the H&SC. This information is used to prevent and mitigate releases to the
environment.
Underground Storage Tank Program (UST) is any business that operates a storage tank(s) that
is substantially or totally beneath the surface of the ground that stores hazardous substances.
Facilities with UST systems are required to have a current and valid permit to operate issued by
the CUPA based on compliance.
Examples of Violations
The examples provided below are not an exhaustive list and may not be appropriate
depending on the circumstances of each violation.
Class 1 Violation is the highest class of violation.
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Major and/or flagrant disregard for regulatory requirement
Failure to report a release or threatened release
Facility has a chemical release that adversely impacts the community, workers, or the
environment
Failure to report within 30 days a new hazardous materials that poses a significant threat
Violations that are willful, intentional, negligent, knowing or should have known, including
false documentation
Failure to submit or update a Risk Management Plan (RMP) by required date
Failure to implement a Prevention Program
If a CalARP program element is found to be inadequate and attributable to the cause of the
incident
If an audit determines that CalARP program prevention elements is missing completely or
significantly enough to render it ineffective
No incident investigation conducted for significant release
Process Hazard Review (PHA) or Hazard Review not complete, updated, or revalidated every
5 years as required
Failure to have compliance audit completed as required by frequency
Any violation linked to an immediate and credible threat to human health or the environment
Failure to submit in CERS and/or implement a business plan annually
Failure of the owner/operator to correct deficiencies or Return to Compliance (RTC) found
from an inspection/audit during the specified time frame
Repeated violations of a Class 2 violation
Class 2 Violation is the second highest class of violation. Characteristics of Class 2 Violations are:
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Diversions from a regulatory requirement
RMP not updated within 6 months of an accidental release
Failure of the owner/operator to revise/correct/update the RMP 30 days after a CUPA
inspection/audit where the inspection report identified a necessary revision or update
Accidental releases directly related to circumstances beyond the businesses control
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Eligibility and Procedures
Only businesses placed into an annual or biennial inspection frequency due to handling extremely or
moderately hazardous materials are eligible for the PIP. The eligibility requirements for those
businesses are as follows:
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Have an active and valid operating permit on file with KCEH – CUPA.
Have a current and complete Hazardous Materials Business Plan submission in CERS.
Must be inspected on an annual or biennial inspection frequency due to a moderately
hazardous or extremely hazardous material being handled by the business (based on the
original determined program element).
Must have received a qualifying score of 95% or higher on the most recent routine inspection
of all program elements.
Must apply and submit the required application by deadline to participate.
Must not have had any Class 1 violations cited or have had potential major deficiencies
identified from the current qualifying inspection/audit year.
Must have returned to compliance for all violations/deficiencies found during an
inspection/audit.
Must not have been the subject of an enforcement action by KCEH within the inspection
cycle.
Must not have had any significant or unauthorized release of a hazardous material/waste.
Inspection Categories
Routine inspections are conducted at a frequency determined by the facility’s chemical inventory
(chemical and volume/weight) and whether those chemicals are in Table 1, 2, or 3 of Title 19
California Code of Regulations, Division 2, Chapter 4.5, Article 8, Section 2770.5. The inspector
conducts an in-depth evaluation of the facility and records violations on the inspection report form.
All high and moderate risk facility inspections are scored, evaluated and assessed.
Re-inspections are inspections initiated by the inspector when the routine inspection reveals serious
or repeat violations at the facility. This is not a routine inspection and only the issues noted on the
original routine inspection are addressed. The score will not be changed until the next routine
inspection. Re-inspections are not included in the annual Environmental Health Permit fee, so an
additional charge shall be incurred by the owner.
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Understanding the Inspection Report Form (IRF)
KCEH is responsible for enforcing sections of the California Health and Safety Code, California
Code of Regulations, as well as the Kern County Ordinance. In turn, KCEH is audited by the
California Environmental Protection Agency (CalEPA), Department of Toxic Substance Control
(DTSC), Office of the State Fire Marshall (OSFM), State Water Resources Control Board
(SWRCB), and the Governor’s Office of Emergency Services (CalOES) to ensure KCEH is
adequately enforcing compliance with state and federal laws and regulations.
The IRF is used both to document violations observed at a hazardous materials facility and to
calculate the final score based on compliance. The IRF is a multi-page document length dependent
upon the number of programs active at an individual facility. When completed, the IRF provides the
owner/operator with important information to identify areas within their operation that have the
greatest potential for failure and subsequent risk to staff and the public.
Violations are documented on the IRF, which is issued to the facility by the inspector at the
conclusion of the inspection. This IRF is used for routine inspections, re-inspections, audits,
complaint investigations and other inspections to indicate the status of a facility at the time of the
inspection.
The report contains violations for documenting findings and information. Violations are separated
into sections and programs (Business Plan Program, Hazardous Waste Generator Program,
Underground Storage Tank Program, Aboveground Storage Tank Program, and California
Accidental Release Prevention Program).
Understanding the Score
KCEH employs a scoring system as an indicator to determine the standing of a facility in conforming
to current health and safety requirements. This score is also used to determine eligibility for
participation in the PIP. Violations on the IRF are calculated as a percentage (ratio of violations to
total number of applicable potential violations). The score the facility receives reflects the status of
the facility at the time of the inspection.
Each facility begins an inspection with 100% compliance. As the inspector conducts the inspection,
violations found are marked on the corresponding box of the IRF. The number of violations noted
during the inspection is divided by the number of potential violations applicable to that facility, and a
percentage is automatically determined.
A facility must achieve a score of 95% or greater to be eligible for participation.
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Self-Inspection Checklist
This checklist is provided so that you may perform periodic reviews
of your facility’s operation and to assist you in identifying areas that
may need improvement. Since the items listed in this checklist are
related to general operating practices, they can also be used as a
training resource for your employees. The following checklists are
not intended to replace knowledge of the laws and regulations, but
are general guidelines phrased in “common language” to prompt the
operator in asking whether they are following the applicable program’s highlights. The KCEH is
dedicated to working with the owner/operator to assure that their staff and the public are protected
from unauthorized releases of hazardous materials/waste. The use of this self-inspection checklist is
one method that will help you provide a safe and healthy business environment and maximize the
safety of our community.
BUSINESS PLAN PROGRAM (H&SC Ch. 6.95, 19CCR Ch. 4)
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Has your Hazardous Materials Business Plan been updated, completed, and submitted in CERS on an
annual basis?
Have you added/deleted any chemical from your chemical inventory? If so, have the changes been
made in CERS?
Is your Emergency Response/Contingency Plan been updated, accurate, and submitted in CERS?
Is your Training Plan up to date, accurate, and submitted in CERS?
Are your training documents up to date?
Is your facility site map up to date and submitted in CERS?
Is your emergency contact information and agency notification list current?
HAZARDOUS WASTE GENERATOR (H&SC Ch. 6.95, 22CCR)
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Is your EPA ID number current and in CERS?
Do your employees have proper training on the handling of hazardous waste?
Do you complete daily inspections of waste containers?
Are your hazardous waste containers in good condition?
Are your hazardous waste containers properly stored?
Do you dispose of your hazardous waste as determined by law?
Are your manifests current and retained for minimum of 3 years?
Are all hazardous waste containers/tanks properly identified and labeled as
determined by law?
Is your Contingency Plan current?
Have you completed the biennial report?
ABOVEGROUND STORAGE TANK PROGRAM (H&SC Ch. 6.67)
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Do you have a complete, current and certified SPCC (if required)?
Have you added any new aboveground tanks?
Are your aboveground tanks or containers properly labeled?
Are your site maps correct for your aboveground tanks?
Have mandated requirements for the APSA program been implemented and accurate?
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UNDERGROUND STORAGE TANK PROGRAM (H&SC Ch. 6.7, CCR Ch. 16)
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Do you have a current Financial Responsibility Certificate on file and submitted in CERS?
Do you have a Designated Operator completing the required training and documentation of
monthly inspections?
Is your monitoring and response plan current and updated in CERS?
Has your secondary containment been tested and in compliance within the last three years?
Has your cathodic protection been verified and certified within the last three years?
Is your monitoring system functioning as designed?
Are your monitoring records current?
Is your UST system in compliance with all rules and regulations as determined by law?
Is your secondary containment and overspill liquid/debris free?
CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM (19 CCR Ch. 4.5)
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Has your facility submitted an RMP?
Is your Hazard Assessment complete and current?
Are your endpoints for off-site consequence up to date?
Is your worst-case scenario analysis current?
Is your alternative release scenario analysis current?
Have you appropriately identified your scenario(s) for each process?
Is your off-site consequence analysis current?
Are all accidental releases in your five-year accident history?
Is your process safety information current?
Has your process hazard analysis or hazard review been performed?
Are your written operating procedures current, accurate, and certified annually?
Is training for all employees current and documented? Refresher training?
Is your written mechanical integrity current and up-to-date?
Do you have a written procedure to manage changes?
Have you completed your compliance audit within provisions of CalARP within the required time
frame?
Have all your incidents been investigated and documented?
Has your written employee participation been implemented and properly documented?
Is your written emergency response plan current, accurate, and practiced?
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Appeal Process
If, after completion of an inspection, the business owner disagrees with the inspection findings, the
owner may request an appeal.
1. The owner may submit a written request for an appeal on a standardized form within five (5)
business days following the inspection.
2. The appeal shall be heard within three (3) business days following the receipt of the written
appeal request.
3. The appeal shall be heard by the Director, at which time the appeal will be considered and a
final decision will be issued within one (1) business day.
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APPENDIX A
PERFORMANCE INCENTIVE PROGRAM APPLICATION FORM
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HAZARDOUS MATERIALS PROGRAM
PERFORMANCE INCENTIVE PROGRAM
The Performance Incentive Program (PIP) is a voluntary program available to facilities within Kern
County that handle extremely hazardous materials. This program rewards businesses that
demonstrate superior regulatory compliance by reducing inspection frequency and permit fees.
Because your facility has met the qualifications listed below for this incentive, please submit this
completed application form to our Division via mail or e-mail at [email protected]
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Have an active and valid operating permit on file with KCEH – CUPA.
Have a current and complete Hazardous Materials Business Plan submission in CERS.
Must be inspected on an annual or biennial inspection frequency due to a moderately
hazardous or extremely hazardous material being handled by the business (based on the original
determined program element).
Must have received a qualifying score of 95% or higher on the most recent routine inspection of
all program elements.
Must apply and submit the required application by deadline to participate.
Must not have had any Class 1 violations cited or have had potential major deficiencies
identified from the current qualifying inspection/audit year.
Must have returned to compliance for all violations/deficiencies found during an
inspection/audit.
Must not have been the subject of an enforcement action by KCEH within the inspection cycle.
Must not have had any significant or unauthorized release of a hazardous material/waste.
APPLICATION FORM
Return by MMM DD, YYYY
Facility Name: __________________________________________________________________
Facility Address: ________________________________________________________________
City: _________________________________________
CERS ID#: ____________________
Business Contact Name: _________________________________________________________
Phone: (____) ___________________ Email: _______________________________________
______________________________________________ _______________________________
Signature
Date
INTERNAL USE ONLY:
ORIGINAL PE
FA: ____________
ORIGINAL FEE
PIP PE
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PIP FEE
APPENDIX B
REQUEST TO APPEAL SCORE
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REQUEST TO APPEAL SCORE
Facility Name: ___________________________________________________________________
Facility Address: _________________________________________________________________
City: _____________________________________
CERS ID #: _________________________
Phone: (____)______________________ Alternative Phone: (____) ______________________
Business Contact Name: ___________________________________________________________
Contact Email Address: ___________________________________________________________
Business Mailing Address: _________________________________________________________
City: _____________________________________ State: ________ Zip Code: _____________
I, ___________________________________________ am requesting an appeal of the
(Facility Owner/Operator)
Performance Incentive Score noted on the inspection conducted on _________________.
(Inspection Date)
Request must be submitted within five (5) business days following the inspection.
Please provide an explanation for appeal:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
INTERNAL USE ONLY:
FA:_______________
Hearing Information:
Date Received:
Date:
Time:
Location:
FA:
OW:
PR:
Copy:
□Operator
□Inspector
□Director of EH
□File
□Director of PH
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□HazMat Program Supervisor
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