E n v i r o n m e n ta l L aw D e pa r t m e n t
Summary of Major
California Release
Reporting Requirements
2013
Hazardous Substances / Materials1
Type of Release
Applicable Law
Discharge of a Reportable
Quantity (RQ) of any
Hazardous Substance (HS) or
sewage to surface waters, or
to land that would result in a
discharge to groundwater
Water Quality Control Act
Non-emergency release of
HS (no immediate threat)
(1) of RQ, or (2) that poses
a significant threat to public
health or the environment
Hazardous Substances
Account Act
Release of HS on or beneath
real property
Unauthorized release,
including a spill or overflow,
of HS that escapes from
secondary containment of
a UST, or from primary
containment, if no secondary
containment exists; increases
the hazard of fire or explosion;
or causes deterioration of the
secondary containment
When to Report
Who Reports
To Whom to Report
Reportable Substances
and Quantities
Maximum Potential Penalties
for Failure to Report
Immediately, as soon as that
person has knowledge of
a discharge (or a probable
discharge) and notification
can be provided without
substantially impeding
cleanup or other emergency
measures
Person who caused or
permitted the discharge
State Office of Emergency
Services (800) 852-7550, and
SWRCB (916) 445-3846 or
appropriate RWQCB
Discharge of RQ of HS (per
40 CFR §302.4) or sewage of
1,000 gallons or more
Criminal: $20,000 and/or 1
year imprisonment
Written report within 30 days
of discovery
Owner of property upon
which a release has occurred
or person who caused the
release
DTSC
Release of RQ of HS or one
that poses threat to health or
environment
Civil or administrative:
$25,000 per day per violation.
Each day release remains is
a separate violation, unless
person has filed a report
Hazardous Substances
Account Act
Owner: Written notice prior
to sale, lease, or rental
Owner: must notify buyer,
lessee, or renter
HSC § 25359.7
Lessee or renter: Written
notice within reasonable
period of time, either prior
to release or after discovery
of presence of or believed
presence of release
Owners of non-residential real
property OR lessees or renters
of real property
Release of HS (not limited
to RQ) that is located on or
beneath the real property
Owner: Subject to actual
damages; $5,000 per violation
for actual knowledge of
release and willful conduct;
and any other remedies
provided by law
CWC §§ 13271, 13050
23 CCR §§ 2251, 2260
HSC § 25359.4
DTSC Fact Sheet2
Underground Storage
Tank Law
HSC §§ 25281, 25283, 25295,
25295.5, 25299
23 CCR §§ 2650-2652
Oral report within 24 hours
after the release was detected
or should have been detected.
Written report within 5
working days of the release
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Attn: Site Mitigation
Program/Nonemergency
Hazardous Substance Release
Report [Address to Region
where release occurred]
Lessee or Renter: must
notify owner or lessor
Lessee or Renter: Subject
to actual damages, default
under the lease and $5,000
per violation (for actual
knowledge of release and
willful conduct), and any
other remedies provided by
law
Owners and operators of
USTs
City or County department,
office, or local agency with
jurisdiction
If emergency, State Office of
Emergency Services
(800) 445-7550
Any unauthorized release
Civil or administrative: $500
to $5,000 per day per UST
Criminal: $5,000 to $10,000
and/or 1 year imprisonment
for knowingly failing to report
an unauthorized release
Hazardous Substances / Materials
Type of Release
Applicable Law
Release or threatened release
of HM that poses a significant
present or potential hazard
to human health and safety,
property or the environment
Hazardous Materials
Release Response Plans and
Inventory Law
HSC §§ 25501, 25507,
25514.5, 25515
19 CCR §§ 2650, 2703, 2705
Release or threatened release
of HM from rail cars that
poses a significant present
or potential hazard to human
health and safety, property or
the environment
Public Utilities / Health &
Safety Codes
PUC § 7672.5
HSC §§ 25501, 25507,
25514.5, 25515
19 CCR §§ 2703, 2705
Spill or release of HM or
HW on a highway (includes
streets)
California Vehicle Code
CVC §§ 353, 23112.5
HSC §§ 25117
When to Report
Who Reports
Immediately provide verbal
report upon discovery of the
release or threatened release;
business must submit written
emergency release follow-up
notice within 30 days of the
release, if applicable
Any business that handles HM
(“Handler”) or any employee,
authorized representative,
agent or designee of Handler
Immediately provide verbal
report upon discovery of the
release or threatened release;
business must submit written
emergency release follow-up
notice within 30 days of the
release, if applicable
Any railroad corporation
As soon as the person knows
of the spill or release and
notification is possible
Person who caused the release
To Whom to Report
Local administering agency3
and the State Office of
Emergency Services (800)
852-7550, (916) 845-8911
or 911
Maximum Potential Penalties
for Failure to Report
Release of HM in an
amount that poses threat to
human health, property or
environment
Civil: $2,000 per day per
violation plus the cost of
emergency services. For
knowing violation after
reasonable notice: $5,000 per
day per violation
Send written follow-up notice,
the Emergency Release
Follow-up Notice Reporting
Form, if required, to Chemical
Emergency Planning and
Response Commission,
(CEPRC) Local Emergency
Planning Committee (LEPC)
Attn: Section 304 Reports
3650 Schriever Avenue,
Mather, CA 95655
Local administering agency4
and the State Office of
Emergency Services (800)
852-7550, (916) 845-8911
or 911
Criminal: $25,000 per day
per violation and/or 1 year
imprisonment. Subsequent or
knowing violations: $50,000
per day per violation and/or
24 months imprisonment
Release of HM in an
amount that poses threat to
human health, property or
environment
Send written follow-up notice,
the Emergency Release
Follow-up Notice Reporting
Form, if required, to Chemical
Emergency Planning and
Response Commission
(CEPRC) Local Emergency
Planning Committee (LEPC)
Attn: Section 304 Reports
3650 Schriever Avenue,
Mather, CA 95655
The California Highway
Patrol or the agency having
traffic jurisdiction for that
highway
(707) 551-4100 or 911
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Updated October 2012
Reportable Substances
and Quantities
Civil: $2,000 per day per
violation plus the cost of
emergency services. For
knowing violation after
reasonable notice: $5,000 per
day per violation
Criminal: $25,000 per day
per violation and/or 1 year
imprisonment. Subsequent or
knowing violations: $50,000
per day and/or 24 months
imprisonment
Release of HM posing an
unreasonable risk to health,
safety, or property during
transportation
Criminal: Not less than
$2,000
Hazardous Substances / Materials
Type of Release
Any incident or accident
(including spills or discharges)
of HM during transportation,
loading or unloading, or
temporary storage on carrier’s
premises
Applicable Law
California Vehicle Code
CVC §§ 27903, 34501, 34506
13 CCR §§ 1160, 1166
When to Report
Written report within 30
days of the date of incident
discovery
49 CFR § 171.16
Who Reports
Carriers (any person who
transports HM in regulated
vehicles)
To Whom to Report
California Highway Patrol,
Commercial Vehicle Section,
P.O. Box 942898, Sacramento,
CA 94298-0001
Carriers subject to federal
regulations (49 CFR Part 171)
should submit the written
Hazardous Materials Incident
Report (DOT Form F5800.1)
to:
Information Systems
Manager, PHH-63, Pipeline
and Hazardous Materials
Safety Administration, U.S.
Department of Transportation,
Washington, DC 20590-0001
And a copy to the California
Highway Patrol address above
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Updated October 2012
Reportable Substances
and Quantities
Any spill of HM from any
package tanker or container
Maximum Potential Penalties
for Failure to Report
Criminal: Punishable as a
misdemeanor
Hazardous Wastes
Type of Release
Applicable Law
Release, fire, or explosion of
hazardous waste (HW) that
could threaten human health
or the environment outside
the facility
Hazardous Waste
Control Law
Discharge of HW during
transportation
Hazardous Waste
Control Law
HSC §§ 25100 et seq., 25189,
25189.2
Verbal report immediately
Written report to DTSC 15
days after release
Who Reports
22 CCR §§ 66263.15,
66263.30
49 CFR §§ 171.15-.16
Hazardous Waste
Control Law
HSC §§ 25100 et seq., 25189,
25189.2
Verbal report at the earliest
practicable moment if 49 CFR
§171.15 conditions are met,
but no later than 12 hours
after the occurrence
To Whom to Report
Reportable Substances
and Quantities
Potential Penalties
for Failure to Report
Generators, and owners and
operators of hazardous waste
T/S/D Facilities
The State Office of
Emergency Services (800)
852-7550, (916) 262-1621,
AND, if evacuation is
necessary, appropriate local
authorities
Imminent or actual emergency
situation (release, fire, or
explosion) which could
threaten human health or the
environment outside the facility
Civil or administrative:
up to $25,000 per day per
violation
Transporter (via air, rail, water
or highway)
National Response Center
(800) 424-8802
Discharge of HW during
transportation
See above
22 CCR §§ 66264.56,
66265.56
HSC §§ 25100 et seq., 25189,
25189.2
Release of HW from a
tank system or secondary
containment system to the
environment
When to Report
Dept. of Trans., Office
of Hazardous Material
Regulations, Material Trans.
Bureau, Washington, D.C.
20590 and DTSC
Written report within 30 days
of discovery
Written report to DTSC w/in
20 days (if tank, trailer, etc. is
certified with DTSC)
Report made within 24 hours
of the release’s detection;
follow-up report within 30
days of the release’s detection
Owner or operator of tank
facility
DTSC or local agency
Any release of more than one
pound that is not immediately
contained and cleaned up
See above
As soon as the person knows
of the spill or release, and
notification is possible
Person who caused the release
The California Highway
Patrol or the agency having
traffic jurisdiction for that
highway
Release of HM posing an
unreasonable risk to health,
safety, or property during
transportation
Criminal: not less than
$2,000
22 CCR §§ 66264.196,
66265.196
Spill or release of HW on a
highway (including streets)
California Vehicle Code
CVC §§ 353, 23112.5
HSC §§ 25117
(707) 551-4100 or 911
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Updated October 2012
Hazardous Wastes
Type of Release
Any incident or accident
(including spills or
discharges) of HW during
transportation, loading or
unloading, or temporary
storage on a carrier’s premises
Applicable Law
California Vehicle Code
CVC §§ 27903, 34501
(vehicles covered), 34506
When to Report
Written report within 30
days of the date of incident
discovery
13 CCR §§ 1160, 1166
49 CFR § 171.16
Who Reports
Carriers (any person who
transports HW in regulated
vehicles)
To Whom to Report
California Highway Patrol,
Commercial Vehicle Section,
P.O. Box 942898, Sacramento,
CA 94298-0001
Carriers subject to federal
regulations (49 CFR Part 171)
should submit the original
report to:
Information Systems
Manager, PHH-63, Pipeline
and Hazardous Materials
Safety Administration,
U.S. Department of
Transportation,
Washington, DC 20590-0001
at http://hazmat.dot.gov
And a copy to the California
Highway Patrol address above
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Updated October 2012
Reportable Substances
and Quantities
Any spill of HW from any
package tanker or container
Potential Penalties
for Failure to Report
Criminal:
Punishable as misdemeanor
Oil, Petroleum Products, and Other
Flammable and Combustible Liquids
Type of Release
Applicable Law
Discharge of one barrel (42
gallons) or more of oil or a
petroleum product to surface
or groundwater
Water Quality Control Act
Unauthorized release,
including a spill or overflow,
of a flammable or combustible
liquid, including petroleum
products and oil, that escapes
from secondary containment
of a UST, or from primary
containment if no secondary
containment exists; increases
the hazard of fire or explosion;
or causes deterioration of the
secondary containment
Underground Storage
Tank Law
Discharge or threatened
discharge of one barrel (42
gallons) or more of oil or
petroleum product to marine
waters
Oil Spill Prevention and
Response Act
CWC § 13272
HSC §§ 25295, 25295.5,
25299
23 CCR §§ 2650-2652
CGC §§ 8670.25.5, 8670.64
– 8670.67
HSC §§ 25501, 25507
19 CCR §§ 2703, 2705
When to Report
Who Reports
To Whom to Report
Reportable Substances
and Quantities
Potential Penalties
for Failure to Report
Immediately, as soon as that
person has knowledge of
discharge and notification
can be provided without
substantially impeding
cleanup or other emergency
measures
The person who causes or
permits the discharge
State Office of Emergency
Services (800) 852-7550 or
the appropriate RWQCB
42 gallons or more of oil or
petroleum product
Criminal: $5,000 per day
and/or 1 year imprisonment
Oral report within 24 hours
after the release was detected
or should have been detected;
written report within 5
working days of the release
Owners and operators of
USTs
City or County department,
office or local agency with
jurisdiction
Any unauthorized release
Civil: $5,000 per day per UST
Immediately provide verbal
report upon discovery of the
release or threatened release;
party must submit written
emergency release follow-up
notice within 30 days of the
release, if applicable
Any party responsible for
the discharge or threatened
discharge
The local administering
agency and the State Office
of Emergency Services (800)
852-7550, (916) 845-8911and/
or 911
42 gallons or more of oil or
petroleum product
Criminal: $10,000 and/
or 1 year imprisonment for
knowingly failing to report an
unauthorized release
Civil: $1 million for
intentionally or negligently
failing to notify the Office of
Emergency Services
Administrative: $200,000
per day per violation for
knowingly failing to notify the
Office of Emergency Services
Send written follow-up notice,
the Emergency Release
Follow-up Notice Reporting
Form, if required, to Chemical
Emergency Planning and
Response Commission
Local Emergency Planning
Committee (LEPC) Attn.
Section 304 Reports, 3650
Schriever Avenue, Mather,
CA 95655
Criminal: $250,000 and/
or 1 year imprisonment for
knowingly failing to notify
the Office of Emergency
Services; $500,000 and/or 1
year imprisonment for second
or subsequent violation(s)
Notify Coast Guard in certain
circumstances
(800) 424-8802
Spill or other release of
one barrel (42 gallons) or
more of petroleum from an
aboveground storage tank
(AST), that is required to be
reported
Aboveground Petroleum
Storage Tank Act
Immediately upon discovery
of spill or other release
HSC § 5270.8
HSC § 25270.12
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Owner or operator of
aboveground tank facility
State Office of Emergency
Services (800) 852-7550
and, if emergency response
required, local responding
agency or 911
42 gallons or more of
petroleum product from AST
Civil: $5,000 per day per
violation for first violation;
$10,000 per day per violation
for subsequent violations
Sewage / Graywater
Type of Release
Applicable Law
Unauthorized discharge or
deposit of sewage or other
waste in or on surface water
or groundwater; effluent of
treated sewage
Health & Safety Code
Discharge of 1,000 gallons
or more of sewage to any
waters of the state, including
surface waters, or to land that
would result in a discharge to
groundwater
Water Quality Control Act
Release from large passenger
or oceangoing vessel of
(1) graywater into the marine
waters of the state and/or
marine sanctuary; (2) Until
January 1, 2010, sewage
into the marine waters of the
state or a marine sanctuary;
or (3) hazardous waste, other
waste, sewage sludge, or oily
bilgewater into the marine
waters of the state or a marine
sanctuary
When to Report
Who Reports
To Whom to Report
Reportable Substances
and Quantities
Potential Penalties
for Failure to Report
Immediately, as soon as the
person has knowledge of the
discharge
The person who causes or
permits the discharge or
deposit
The local health officer
or the local director of
environmental health
Release results in impairment
of water quality which creates
a hazard to public health,
nuisance, or alteration of
water quality that impairs its
beneficial uses
Criminal: $1,000 and/or
1 year imprisonment
The person who causes or
permits the discharge
State Office of Emergency
Services (800) 852-7550, and
SWRCB (916) 445-3846 or
appropriate RWQCB
1,000 gallons or more of
sewage
Criminal: $20,000 and/or 1
year imprisonment
23 CCR §§ 2250, 2251, 2260
Immediately, as soon as that
person has knowledge of the
discharge and notification
can be provided without
substantially impeding
cleanup or other emergency
measures
Public Resources Code
Not longer than 30 minutes
after discovery
Owner or operator
State Office of Emergency
Services (800) 852-7550, who
will notify RWQCB and Cal.
Department of Fish and Game
Release of graywater, sewage,
HW, other wastes from large
passenger or oceangoing
vessel
Penalties may be imposed
under HSC and WQCA
HSC §§ 5410-5411.5
CWC § 13271
PRC § 72421
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9
Business Products and Practices
Type of Release
Actual knowledge of serious
concealed danger (including
hazardous substances)
associated with a product or
business practice and subject
to regulatory authority
Applicable Law
Corporate Criminal
Liability Act
CPC § 387
When to Report
Who Reports
To Whom to Report
Within 15 days of actual
knowledge of the danger or
immediately, if imminent risk
of great bodily harm or death
The corporation, limited
liability company, or manager
Written report to Division
of Occupational Safety and
Health in Cal. Department of
Industrial Relations in writing
at 1515 Clay Street, Suite
1901 Oakland, CA 94612
Employees in writing if not
yet warned
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Reportable Substances
and Quantities
HS that may be a concealed
danger associated with
product or business practice
Potential Penalties
for Failure to Report
Criminal: $25,000 and/
or 3 year imprisonment for
manager; $1 million for
corporation or limited liability
companies
Asbestos Type of Release
Applicable Law
Any use that could
potentially cause employee
exposure to asbestos or
other Cal/OSHA-regulated
carcinogens (cadmium,
methylenedianiline)
California Labor Code
Any emergency, such as
equipment failure, rupture of
containers or failure of control
equipment, which results in
unexpected and potentially
hazardous release of Cal/
OSHA-regulated carcinogen
California Labor Code
CLC §§ 142.3, 6317, 6400,
6423, 6427, 6428, 6431, 6500,
6505.5
When to Report
Written report of use before
the activity and any changes
to the report within 15 days
Who Reports
Employers
8 CCR § 5203
CLC §§ 142.3, 6400, 6500
8 CCR § 5203
Initial report of occurrence of
emergency within 24 hours,
with follow-up written report
within 15 days of the incident
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Employers
To Whom to Report
Reportable Substances
and Quantities
Occupational Carcinogen
Control Unit, Divis. of Occup.
Safety and Health, P.O. Box
420603, San Francisco, CA
94142
Use that could potentially
cause worker exposure to
asbestos
Initial report to nearest
district office of Division
of Occupational Safety and
Health; follow-up written
report to Chief of Division
of Occupational Safety and
Health
Incident that results in
unexpected and potentially
hazardous release of Cal/
OSHA-regulated carcinogen
Potential Penalties
for Failure to Report
Civil: $7,000 per violation for
minor violations; $25,000 per
violation for serious violations
Criminal: $5,000 fine and/
or 6 months imprisonment
for knowing or negligent
violations
See above
Miscellaneous
Type of Release
Discharge or release into state
waters of any pollutants and
substances that are deleterious
to fish, plant life, mammals, etc.
Applicable Law
California Fish and
Game Code
FGC §§ 5650-5650.1
When to Report
Who Reports
To Whom to Report
Refer to applicable state and
federal laws and regulations
requiring that the discharge or
release be reported
Refer to applicable state and
federal laws and regulations
requiring that the discharge or
release be reported
Refer to applicable state and
federal laws and regulations
requiring that the discharge or
release be reported
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Updated October 2012
Reportable Substances
and Quantities
Variety of substances and
material deleterious to fish,
plant life, mammals, or bird life
Potential Penalties
for Failure to Report
Civil: $25,000 per violation
Abbreviations
AST
HS
= Hazardous Substance
CAL/OSHA = California Occupational Saftey and Health Act
= Aboveground Storage Tank
HSC
= California Health & Safety Code
CCR
= California Code of Regulations
HM
= Hazardous Material
CEPRC
= Chemical Emergency Planning and Response Commission
HW
= Hazardous Waste
CERCLA
= Comprehensive Environmental Response, Compensation and Liability Act
LEPC
= Local Emergency Planning Committee
CFR
= Code of Federal Regulations
OSHA
= Occupational Safety & Health Administration
CGC
= California Government Code
PEL
= Permissible Exposure Limits
CLC
= California Labor Code
PUC
= California Public Utilities Code
CPC
= California Penal Code
RQ
= Reportable Quantity
CVC
= California Vehicle Code
RWQCB
= Regional Water Quality Control Board
CWA
= Clean Water Act
SWRCB
= State Water Resources Control Board
CWC
= California Water Code
TSCA
= Toxic Substances Control Act
DTSC
= California Department of Toxic Substances Control
T/S/D
= Treatment/Storage/Disposal Facility
FGC
= California Fish & Game Code
UST
= Underground Storage Tank
HNC
= California Harbors & Navigation Code
WQCA
= California Water Quality Control Act
Endnotes
This summary table provides only an overview of certain state release reporting requirements and does not constitute legal advice.
Always consult a qualified attorney with respect to specific release reporting requirements and the application of any potential
reporting requirements in any particular matter.
Please note that local ordinances may create further, additional reporting obligations.
1.“Hazardous substances” usually comprise a wide range of chemicals listed under 40 CFR §302.4, and includes compounds such as trichloroethylene, trichloroethane, acetic acid, ammonia, benzene, DDT, lead, sulfuric acid, toluene, vinyl chloride, and zinc. Petroleum products are typically excluded from the definition of this term. (HSC §25317.)
2. See DTSC Guidance entitled “Reporting Non-emergency Hazardous Substances Releases Pursuant to Health and Safety Code Section 25359.4,” (http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/sb-2057.pdf). Citations to fact sheets and guidance documents are not exhaustive.
3. The local administering agency may be any city or county agency, or fire department. Each facility should identify its local administering agency.
4. The local administering agency may be any city or county agency, or fire department. Each facility should identify its local administering agency.
5. Proposition 65 warning requirements under the California Safe Drinking Water and Toxic Enforcement Act of 1986 may be required for certain releases. (Cal. HSC Section Icon 25249.5 et seq.)
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Updated October 2012
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