Cal. Code Regs. tit. 27 § 15180

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 15180 - Maintenance of Certification and Administration

(a) A UPA shall implement the Unified Program consistent with the implementation plan submitted in compliance with Section 15150(e)(6) and these regulations.

(b) A UPA shall maintain certification through the administration of the Unified Program in compliance with these regulations.

(c) Any agency designated by the Secretary as the CUPA pursuant to HSC Section 25404.3(f)(2) must comply with the requirements in these regulations.

(d) Any local agency authorized to continue its role, responsibilities, and authority pursuant to HSC Section 25404.3(f)(2) shall comply with the requirements in the regulations placed on CUPAs with the exception of Articles 3, 4, and 7, and Sections 15210, 15220, 15240, 15250, and 15260 of Article 5.

(e) The CUPA shall establish and implement the following Unified Program administrative procedures:

(1) Public participation procedures that:

(A) Ensure receipt and consideration of comments from regulated businesses and the public.

(B) Coordinate, consolidate, and make consistent locally required public hearings related to the Unified Program.

(C) Coordinate, consolidate, and make consistent public notices for all activities related to the Unified Program.

(2) Procedures for responding to requests for information from the public, from government agencies, or from emergency responders, including methods for the handling of confidential and trade secret information.

(3) Procedures for providing access to HMRRP information in CERS to emergency response personnel on a 24-hour basis in accordance with HSC Section 25504(c).

(A) Other appropriate government entities with emergency response responsibilities may be given access to HMRRP information.

(4) Financial management procedures that include:

(A) A single fee system in compliance with Section 15210(b);

(B) A fee accountability program in compliance with Section 15220(a); and

(C) A surcharge collection and remittance program in compliance with Section 15210(b)(1)(D).

(5) Procedures for the withdrawal or removal of a PA, if applicable, that include:

(A) Providing notice;

(B) Stating cause(s);

(C) Taking public comment;

(D) Making appeals; and

(E) Resolving disputes.

(6) Data management procedures in compliance with Section 15185(e).

(7) Procedures for issuing the Unified Program Facility Permit (UPFP) in compliance with Section 15190(b).

Cal. Code Regs. Tit. 27, § 15180

Note: Authority cited: Sections 25404(b), 25404(e) and 25404.6, Health and Safety Code. Reference: Sections 25103, 25404(a), 25404(c), 25404.3(d), 25404.4(a)(1), 25404.5, 25500, 25506 and 25534.5, Health and Safety Code.

1. New article 5 and section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.
2. New article 5 and section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.
3. New article 5 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.
4. New article 5 and section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-14-94 order including amendment of subsections (a), (a)(1)(A), repealer of subsection (a)(2)(A)(iv) and subsection renumbering, amendment of subsection (a)(2)(B), repealer of subsection (a)(2)(D) and subsection relettering, amendment of newly redesignated subsections (a)(2)(E)-(a)(2)(F), new subsections (a)(2)(G)-(a)(2)(H), amendment of subsection (a)(3)(A)(i), repealer of subsection (a)(3)(A)(ii)-(a)(3)(A)(iii) and subsection renumbering, redesignation and amendment of part of subsection (a)(7) as new (a)(7)(A) and new (a)(7)(B), and amendment of subsections (a)(8)(B), (a)(9) and (a)(10) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
6. Amendment of subsections (a)(2)(E)-(G) and Note filed 12-20-96 as an emergency; operative 12-20-96 (Register 96, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-21-97 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)(2)(E)-(G) and Note refiled 4-11-97 as an emergency; operative 4-11-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-11-97 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (a)(2)(E)-(G) and Note refiled 7-30-97 as an emergency; operative 7-30-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a)(2)(E)-(G) and Note refiled 12-2-97 as an emergency; operative 12-2-97 (Register 97, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-1-98 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-2-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 14).
11. Amendment of subsections (a)(2)(E)-(G) and Note filed 3-31-98 as an emergency; operative 3-31-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-98 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (a)(2)(E)-(G) and Note refiled 7-30-98 as an emergency; operative 7-30-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
13. New part II heading and amendment of section and Note filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 1-8-99 order, including further amendments, transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20).
15. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
16. Amendment of subsection (e)(6) and new subsections (e)(7)-(e)(7)(C) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).
17. Amendment of subsections (c), (d) and (e)(4) and amendment of Note filed 6-14-2018; operative 7/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).
18. Amendment of section and NOTE filed 3-14-2024; operative 7/1/2024 (Register 2024, No. 11).