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1. I am performing an Environmental Property Assessment. How can I review the Fire Department's files for compliance information?

All requests to review Fire Department records must be received in writing and must identify a specific address for which you wish to review. Due to limited space, appointments must be scheduled to review the Fire Department files.

File review requests may be submitted to the Fire Prevention Clerk at the following address:
Milpitas Fire Department
455 East Calaveras Boulevard
Milpitas, CA 95035
Fax: 408-586-3378

2. How can I obtain a blank Hazardous Materials Business Plan?

The Milpitas Fire Department in cooperation with the Santa Clara County and the Santa Clara County Fire Chief’s Association has developed a uniform Hazardous Materials Business Plan (HMBP) form.

Electronic versions of this form are available for download at the Unidocs website, a website sponsored by the County of Santa Clara Environmental Health Department and the Santa Clara County Fire Chiefs Association, and consists of copies of available County-wide uniform documents.

3. My company will be opening a facility in Milpitas. What is the procedure my company should follow?

When filing for a City of Milpitas Business License, you will be required to complete a Milpitas Fire Department Fire Permit Application. If you indicate that your company uses or stores hazardous materials, a Fire Code permit for Hazardous Materials will be issued to your company.

If you plan on modifying building structures, approval must be obtained from the Building Inspection Division prior to performing any modifications. Depending upon the quantity and how hazardous materials are used and stored, approval from the Hazardous Materials and Environmental Services Unit may be required. To increase the opportunity for the plans to be approved with minimal revisions, it is best if you contract with an architect or contractor who has experience in hazardous materials operations particularly if your project involves structural changes to the building, due to the quantity of hazardous materials in storage or in use, or the installation of process equipment.

Please reference the Construction Permitting, Inspections, and Fees page for further information.

As a service to the business community, the Fire Department provides free pre-submittal consultations. Although the Fire Department will not design a storage system or process, the Fire Department will attempt to assist you as much as possible to make the plan submittal process as painless, uncomplicated, and confusion-free as possible.

4. I am a homeowner and have, over the years, accumulated waste material such as waste oil, paint, swimming pool chemicals and drain cleaners. How can I dispose of this material?

Milpitas and the County of Santa Clara operate periodic household hazardous waste drop-off points. In addition to the recyclable wastes, the mobile household hazardous waste program accepts all types of hazardous wastes, such as oil-based paints and pool and garden chemicals. There is no charge for the use of this program and it is easy to use. To schedule a time to drop off your waste at one of these programs, call the Santa Clara County Household hazardous waste appointment line at 408-299-7300.

There are over 75 retail locations throughout the County that accept used motor oil for free. For the nearest waste oil recycling location, call the Santa Clara County Recycling Hot Line at 800-533-8414.

For additional information on the household hazardous waste program, please contact the Milpitas Fire Department at 408-586-3365 or the Santa Clara County's household hazardous waste program at 408-299-7300 of the City of Milpitas Solid Waste Administration at 408-586-2677.

5. What is non-point source pollution?

Non-point source pollution includes materials and chemicals which are washed into the storm drain system from a variety of sources. Unlike water pollutants that come from a single-point source such as factories or sewage treatment plant, non-point source pollutants are washed into the storm drain by rainwater and other means from streets, neighborhoods, farmlands, construction sites, and parking lots. Because storm drains are separate from our household sewer systems, these polluted waters flow directly into the Bay without treatment.

6. Am I required to complete a Hazardous Materials Business Plan?

All facilities which use or store hazardous materials in any quantity are required by local ordinance to report such use or storage to the Milpitas Fire Department. The amount of detail required to be reported depends on whether the facility is subject to State Hazardous Materials Business Plan reporting requirements.

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount equal to or greater than any of the following specified quantities, you are required to complete a Hazardous Materials Business Plan.

1. 500 pounds for a solid
2. 55 gallons for a liquid (Exception: 275 gallons aggregate quantity on-site or 55 gallons of each type of lubricating oil as defined by H&SC 25503.5(b)(2)(B).)
3. 200 cubic feet for a gas (Exception: 1000 cubic feet each of oxygen or nitrous oxide stored or handled at a physician, dentist, podiatrist, veterinarian, or pharmacist's place of business.)
4. The specified amount of radioactive material requiring an emergency plan under Parts 30, 40, or 70 of Title 10 Code of Federal Regulations or equal to or greater than applicable amounts specified in items 1, 2, or 3 above, whichever amount is smaller.
5. The specified threshold quantity amount of a Cal-ARP-regulated substance.

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount less than the following specified quantities, you may complete a Hazardous Material/Waste Registration form.

A material qualifies as a retail or consumer product and is exempt from the HMBP reporting requirements if it is packaged for direct distribution to, and use by the general public, and meets all of the following conditions.

1. The material is not dispensed from containers at your site.
2. The product is stored in a retail display area as defined by the Fire Code.
3. The storage containers are no larger than 5 gallons for liquids, 100 pounds for solids, and
4. Handling of the material does not present an unacceptable risk to the public, health, safety or the environment.

7. Do I need a Hazardous Materials Business Plan or a Hazardous Material/Waste Registration Form?

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount equal to or greater than any of the following specified quantities, you are required to complete a Hazardous Materials Business Plan.

1. 500 pounds for a solid
2. 55 gallons for a liquid (Exception: 275 gallons aggregate quantity on-site or 55 gallons of each type of lubricating oil as defined by H&SC 25503.5(b)(2)(B).)
3. 200 cubic feet for a gas (Exception: 1,000 cubic feet each of oxygen or nitrous oxide stored or handled at a physician, dentist, podiatrist, veterinarian, or pharmacist's place of business.)
4. The specified amount of radioactive material requiring an emergency plan under Parts 30, 40, or 70 of Title 10 Code of Federal Regulations or equal to or greater than applicable amounts specified in items 1, 2, or 3 above, whichever amount is smaller.
5. The specified threshold quantity amount of a Cal-ARP-regulated substance.

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount less than the following specified quantities, you may complete a Hazardous Material/Waste Registration form.

A material qualifies as a retail or consumer product and is exempt from the HMBP reporting requirements if it is packaged for direct distribution to, and use by the general public, and meets all of the following conditions.

1. The material is not dispensed from containers at your site.
2. The product is stored in a retail display area as defined by the Fire Code.
3. The storage containers are no larger than 5 gallons for liquids, 100 pounds for solids, and
4. Handling of the material does not present an unacceptable risk to the public, health, safety, or the environment.

8. Where do I submit my completed Hazardous Materials Business Plan or Hazardous Material/Waste Registration Form?

Completed Hazardous Materials Business Plans or Hazardous Materials/Waste Registration Forms may be submitted to the Milpitas Fire Department at the following address:
Hazardous Materials and Environmental Services Unit
Milpitas Fire Department
455 East Calaveras Boulevard
Milpitas, CA 95035

Call 408-586-3365 if you have any questions.

9. I plan to install a new piece of equipment in my facility. Do I need Fire Department's approval?

Due to the complexity and differences of each installation, Fire Department approval is required on a case-by-case basis. You should contact your Hazardous Materials Inspector and discuss whether Fire Department approval will be required.

If you are unfamiliar with who your Hazardous Materials Inspector is, you may speak with any Hazardous Materials Inspector with the Hazardous Materials and Environmental Services Unit at 408-586-3365.