§ 15180. Maintenance of Certification and Administration.

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

(b) A CUPA 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 Health and Safety Code 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 Health and Safety Code sections 25404.3(f)(2) or 25533(f) shall comply with the requirements in the regulations placed on CUPAs with the exception of articles 3, 4, and 7, sections 15210, 15220, 15240, 15250, and 15260.

(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 any Unified Program element.

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

(2) Records maintenance procedures that include:

(A) Identification of the records maintained.

(B) Minimum retention times.

(C) Archive procedures.

(D) Proper disposal methods.

(3) Procedures for responding to requests for information from the public, from government agencies with a legal right to access the information, or from emergency responders, including methods to prevent the release of confidential and trade secret information.

(4) Procedures for forwarding the HMRRP information in accordance with Health and Safety Code sections 25503.5(d) and 25509.2(a)(3).

(5) Financial management procedures that include:

(A) A single fee system in compliance with section 15210;

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

(C) A surcharge collection and reimbursement program in compliance with section 15250.

(6) Procedures for the withdrawal or removal of a PA that include:

(A) Providing notice;

(B) Stating causes;

(C) Taking public comment;

(D) Making appeals; and

(E) Resolving disputes.

(7) Data management procedures that include:

(A) The collection, retention, and management of electronic data and documents in compliance with section 15185.

(B) The transfer and exchange of electronic data through an applicable local information management system or local reporting portal in compliance with 15187; and

(C) The reporting of electronic data in compliance with section 15290.

HISTORY

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).

Note

Note: Authority cited: Sections 25404(b) and (e) and 25404.6, Health and Safety Code. Reference: Sections 25103, 25404.2(a) and (c), 25404.3(d), 25404.4(a)(1), 25404.5, 25500, 25506, 25509.2(a)(3) and 25534.5, Health and Safety Code; and Section 6253 et seq., Government Code.