Cal. Code Regs. Tit. 27, § 15260 - UPA - Education and Training
(a) UPA staff and supervisors who conduct and/or oversee inspections and enforcement activities must meet the following minimum educational requirements:
(1) Bachelors degree from an accredited college or university, or degree with major course work from one or more of the following disciplines:
(A) Biology or microbiology;
(B) Chemistry or chemical engineering;
(C) Physics or physical science;
(D) Environmental science;
(E) Geology or soil science;
(F) Environmental health;
(G) Environmental or sanitary engineering;
(H) Toxicology;
(I) Industrial hygiene;
(J) Hazardous materials management; or
(K) Fire science or fire technology.
- OR -
(2) Registration as an Environmental Health Specialist.
- OR -
(3) 30 semester units or 46 quarter units in the disciplines listed in (a)(1) from an accredited college or university, or other institution. One year of qualifying experience in hazardous materials management regulation, analysis, or research; environmental research, monitoring, surveillance or enforcement; or resource recovery may be substituted for a maximum of 15 semester units or 23 quarter units.
(b) UPA staff or supervisors who conduct and/or oversee inspections and enforcement activities of the Unified Program prior to July 1, 2024, are not required to meet the minimum education requirements.
(c) UPA staff and supervisors shall receive training in the following subject areas:
(1) Statutory and regulatory overview for all Unified Program elements, including federal regulations, state statutes and regulations, and any applicable local ordinances;
(2) Classification, identification, and chemistry of hazardous materials and hazardous waste;
(3) Health and environmental effects of hazardous substances, including chemical exposure and route of entry;
(4) Sampling methodologies and use of instrumentation for detection and sampling of hazardous substances;
(5) Conducting inspections and enforcement actions, and writing inspection reports and notices of violation;
(6) Interviewing, case development, and collection and preservation of evidence;
(7) Hazardous materials and hazardous waste permitting, inspection and enforcement duties and responsibilities pursuant to state law and regulation, and to local ordinances and resolutions;
(8) Inspection techniques and scheduling, including evidence collection, chain of custody, sample preservation, and interviewing;
(9) Administration practices within a hazardous materials and hazardous waste program;
(10) Monitoring equipment, data evaluation, and interpretation of the results as related to hazardous materials and hazardous waste analysis;
(11) Field staff health and safety training including: planning field inspections, safety equipment, on-site procedures, decontamination and hazard recognition and avoidance;
(12) Health and safety training as specified in 8 CCR, Section 8 CCR, Section 8 CCR, Section 5192(e);
(13) Witness training; and
(14) Rules of evidence and the administrative hearing process.
(d) UPA staff and supervisors who will be issuing enforcement orders shall have training in the following additional areas:
(1) Penalty assessment; and
(2) Negotiation techniques.
(e) Training shall be conducted such that each topic identified in subdivisions (c) and (d) will be addressed at least once every three years, with the exception of training described in subdivision (c)(12), which shall be conducted annually.
(f) It shall be the responsibility of the UPA to document the training and experience of staff participating in this program.
(g) Contractors must meet the education and training requirements of this Section when conducting inspections for a UPA.
Notes
Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(c), 25404(d), 25404.1(a)(1), 25404.3(b)(1), 25404.3(b)(4), 25404.3(b)(5) and 25404.3(b)(7), Health and Safety Code.
Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(c), 25404(d), 25404.1(a)(1), 25404.3(b)(1), 25404.3(b)(4), 25404.3(b)(5) and 25404.3(b)(7), Health and Safety Code.
2. New 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 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 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)(2), (a)(3)(A) and (b) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
6. Change without regulatory effect amending section filed 12-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 51).
7. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
8. Change without regulatory effect amending subsections (c) and (c)(4) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).
9. Amendment of subsection (c) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).
10. Amendment of subsections (a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(B)(v), (d)(1)(A) and (d)(3)(A) filed 6-14-2018; operative
11. Amendment of section heading and section filed 3-14-2024; operative
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