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Tiered Permitting Program

The purpose of the Tiered Permitting Program is to ensure that all hazardous waste treatment and storage facilities are properly maintained to protect public health and the environment from the treatment and storage of hazardous waste.

The state of California has established a five-tiered permitting program to authorize the treatment and/or storage of hazardous waste for facilities that require State authorization. The five tiers of “Tiered Permitting” are Full Permit, Standardized Permit, Permit by Rule (PBR), Conditional Authorization (CA), and Conditionally Exempt (CE). Each permitted tier matches the degree of associated risk with the hazardous waste treatment and/or storage activities.

HMCD has regulatory oversight for Permit by Rule (PBR), Conditional Authorization (CA), and Conditionally Exempt (CE) tiers. These tiers generally outline/cover/address the treatment of waste generated onsite. The State of California Department of Toxic Substances Control (DTSC) has regulatory oversight for Full Permit and Standardized Permit tiered facilities.

Authority

California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 14 et seq.
Permit by Rule (PBR): CCR, Title 22, Div. 4.5, §67450 et seq.
Conditional Authorization (CA): Health and Safety Code, Div. 20, Ch. 6.5, §25200.3 et seq.
Conditionally Exempt (CE): Health and Safety Code, Div. 20, Ch. 6.5, §25201.5 et seq.

Applicability

This program applies to businesses and facilities that treat and store hazardous waste and are located anywhere in Santa Clara County, other than the cities of Gilroy, Santa Clara, Mountain View, or Sunnyvale.

Fees

Permit fees are based on Permit Tier. View for information on Tiered Permitting Program fees here.

Frequently asked questions

If you would like answers to frequently asked questions about Tiered Permitting view FAQ here.​​​​

General requirements

  • Submit the following information electronically​ via the California Environmental Reporting System (CERS):
    • Facility Information Page
    • Tiered Permitting Submittal
  • Adhere to the regulatory requirements applicable to your facility based on the type of treatment system you operate.
  • Maintain written operating instructions
  • Maintain written inspection instructions & logs.
  • Obtain applicable tank and container assessments.
  • Complete "Closure Cost Estimate and Financial Mechanism" documentation (CA, PBR).
  • Pay an annual invoice to keep your permit active.​