1. hazardous materials farm business exemption

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COUNTY OF NEVADA
COMMUNITY DEVELOPMENT AGENCY
950 MAIDU AVENUE NEVADA C ITY, CA
95959 -8617
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Planning Department
Fax (530) 265-9851
Environmental Health
Nevada City Office:
Phone: 530.265.
Fax (530) 265-9853
Truckee office
Phone: 532-582-7884
Fax: 530-582-0712
I.
Building Department
Fax (530) 265-9854
Code Compliance
Fax (530) 265-9851
Housing Division
Agricultural Commissioner
Phone (530) 265-1388
255 S. Auburn Street
Fax (530) 265-9845
Grass Valley, CA
Phone (530) 273-2648
Fax (530) 273-1713
HAZARDOUS MATERIALS FARM BUSINESS EXEMPTION
FACT SHEET
Business Plan Requirements
A Business Plan must be submitted by businesses that handle a hazardous material/waste in quantities equal to or
greater than: 55 gallons of a liquid, 500 pounds of a solid, and/or 200 cubic feet of a compressed gas. A Business
Plan consists of an Owner/Operator Identification form, Business Activities form, Hazardous Materials forms (for
each material handled in excess of the above quantities), a site map and Health and Safety/Emergency Response Plan.
A farm business that handles hazardous materials/wastes in quantities less than the amounts listed below is not
required to submit a Hazardous Materials Business Plan.
1.
2.
3.
4.
5.
500 pounds of a solid.
55 gallons of a liquid.
200 cubic feet of a compressed gas at standard temperature and pressure.
The federal Threshold Planning Quantity (TPQ) for Extremely Hazardous Substances.
Radioactive materials in quantities as per Parts 30, 40, or 70, Chapter 10 of Title 10 of Code of Federal
Regulations (CFR).
As a general rule, a hazardous material is anything that requires a Materials Safety Data Sheet (MSDS). Hazardous
Materials/Hazardous Wastes include, but are not limited to: oil (new & used), fuel, solvent (new & used), pesticides,
compressed gases, paint (new & used), fertilizers, etc.
II. Farm Business Exemption Requirements
“An administering agency shall exempt a business operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing the information in the business plan required by
subdivisions (b) and (c) of Section 25504 if all of the following requirements are met:
(A) The handler annually provides the inventory of information required by Section 25509 to the county
agricultural commissioner before January 1 of each year.
(B) Each building in which hazardous materials are stored shall be posted with signs that provide notice of the
storage of any of the following: Pesticides, petroleum fuels and oil or types of fertilizers.”
(Excerpted from California Health and Safety Code Div. 20, Chapt. 6.95, Sect. 25503.5. See code for full text)
To become exempt, (1) post required signs on buildings for pesticides, petroleum fuels and oil, or types of fertilizer;
and (2) submit a Form Packet annually to either:
A) Nevada County Environmental Health Department (address on top of page), or
B) Nevada County Department of Agriculture/Weights & Measures, (address on top of page).
Any business that is required to submit a Business Plan and fails to do so is liable for civil penalties of two thousand
dollars ($2,000) for each day of the violation or five thousand dollars ($5,000) for each day of the violation after
reasonable notice has been given. (California Health and Safety Code, Div. 20, Chapt. 6.95, Sect. 25503.5 and 25514)
For additional forms or if you have any questions, please contact the Nevada County Environmental Health Department at
(530) 265-1222 or the Nevada County Department of Agriculture/Weights & Measures (530) 273-2648 Fax (530) 2731713 Email agdept@co.nevada.ca.us.
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Farm Business
Hazardous Materials
Storage Requirements
Does Farm Handle Hazardous
Materials in Quantities Equal to or
Greater Than:
500 Pounds of a Solid
55 Gallons of a Liquid
200 Cubic Feet of a Compressed Gas?
Yes
No
A Farm Business does not
have to submit a Business
Plan or Farm Business
Exemption forms.
Does the farm exclusively:
1. cultivate the soil
or
2. raise or harvest any agricultural or horticultural commodity?
No
Yes
Hazardous Materials Storage Requirements
are regulated by California Health
and Safety Code
Div. 20, Chapter 6.95, Section 25503.5
Submit Farm Business
Exemption forms to Ag
Commissioner and post
required signs.
(See below)
No fees required.
Submit Business Plan, fee and
completed fee agreement to
Nevada County Department of
Environmental Health
Contact the Department for the
fee agreement form. Fees are
listed in the Dept. Fee Schedule
under Program Element EL 1235
Required signs
Required sign for
pesticides (similar
sign with content OK)
Recommended sign for
petroleum fuels, oil and
fertilizers
Alternate signs for
fuels, oils and
fertilizers
(See NFPA 704
placard guidelines)
Other Sign captions:
Flammable Liquids, Fuel/Oil,
Hazardous Chemicals
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